A Child of None
by TWISTEDART
Summary: Heath centered story but all Barkleys are present. Jarrod takes second chair in this AU as the Heath is a little on the dark side.
1. Chapter 1

Prologue

Nerves had bested him after the gunfire had ended. His shaking a testament of that fact. Of course, Heath had always remained calm as the fighting happened. It was the after that caused him to shake. It never failed. The shaking.

Heath wondered if the calm came from the voices inside his head. Those voices whispered to keep in control. Not to fear under any circumstances or death would be lurking in the background. Death, in his dark cloak, holding his scythe with blood dripping from all those lives stolen from this world, waited on him.

He wondered if his mama's blood stood out against the cold steel of death's metal. He doubted it. Human blood mainly looked the same at least to most folks. Heath knew that to be fact. He had seen enough blood seeping out of the human body. He had even seen his mama's. Heath didn't care to think about that. When he did, it caused other type voices to whisper in his ear.

Some folks mourned in the spilling of blood, others took pleasure in it, and some felt indifference. Heath supposed it depended on whose blood was being spilled.

His mind clicked shut on that subject. Other things could be dwelled on to put the bad voices in their hidden canverns in his mind.

He remembered the loud mouthed one's warning. It echoed in his head even now. He had called him 'boy'. A title Heath loathed when spoken as he spoke. Then the warning. "If I ever lay eyes on you again, I'm going to finish what I started tonight."

Heath figured the tall, loud one meant every word too. What was his name...Nick? That was it. Remembering things was easy for the blonde cowboy. His mama said it was a gift from God to be thankful for. Hannah said it could be a curse at times if he wasn't careful. Rachel said she had heard of that type memory. She never elaborated what that was supposed to mean if it were supposed to mean anything.

Heath thought his memory was like taking a photograph and putting it away in a file. If he wanted to retrieve the file, he could. If not he'd keep it filed away.

Heath remembered the very outfit each of his brothers wore that day. The cowboy had to snort at the word 'brother'. That was a joke even he knew the irony of.

The oldest one must not have been to bed yet. His nice expensive suit still on, minus the jacket. Every hair was in place. Heath wondered if Barkleys just woke up looking spiff and perfect. It wouldn't surprise Heath any if that were true. Rich folks probably didn't wake up as bedraggled as the poor folks. Heath wasn't sure at the time which name the man carried be it Eugene or Jarrod. But he was sure those were the names loudmouth bellowed out. He knew the one named Jarrod now. Knew him very well. But that he didn't dwell on. _Not his name anymore no how_. Heath reminded himself _. Still a fancy talker though._

The youngest one had entered in the room in a long john shirt tucked neatly in his pants. Heath wondered if it was normal for rich folks to come to a fight making sure your shirt was tucked in properly. Heath chuckled at his musing. He'd done the same thing but only because he had no clue what the loudmouth was making him dress for. Had he known, he'd have cared less if he looked all tucked in.

The rancher, loudmouth, Nick, all the same name as far as Heath was concerned. He was in a darker brown shirt than when Heath first saw him. Nick also wore a pair of dark brown pants rather than the gray he wore earlier that day. Boy Howdy, wearing a change of clothes in one day must be nice. Expensive duds at that even if they were for a rancher's frame.

He remembered the beginning of a bruise just under Nick's lip. Heath smiled slightly thinking he got in at least one good lick. He remembered the lawyer's condescending words and the youngest one's confused gaze at his older brothers.

The young man even remembered every detail of the gunfight at Semple's farm. Heath could probably recant who died on each side and what men took his bullet causing their death. He remembered the smell of gunsmoke in the air mixed with vomit and blood. Blood was a smell Heath so often wanted to forget. He'd smelled the copper smell too much in his short twenty three years of life. Almost twenty four, he reminded himself for no reason.

Heath breathed out through his nostrils after inhaling deeply through his mouth. That blasted gunfight was fought to prove something to them all. He'd taken up the challenge of his father's widow. Her presence was now so deeply ingrained in his mind. She was demure and regal like. Straight and petite yet such a strength that very few women of her small stature possessed. She had challenged him and he'd taken up that challenge. Yet, all it got him was rattled nerves and a blasted cigar because of those darned shaky hands after the fight.

A cigar given to him from that proud acting older brother of his. But that was all he got for his taking up the mantle of the challenge. A cigar. At least it was a good expensive one. Well, that and the three hundred and twenty-five dollars that he had retrieved from the whiskey glass. Of course, one must not forget the hat full of fruit and the whiskey itself. Even with the staleness of the money floating in the drink, the whiskey was still a mighty fine taste that he'd never be able to afford again because they had denied his claim and sent him away even after the fight. The fight that the classy step mother had laid out for him as a challenge to prove his claim...his birthright.

The murmurs around him brought him out of his reverie. Another irony was the thoughts were more pleasant than his life now. A crowd was starting to gather. Heath didn't much like crowds. Crowds usually brought about other memories that he'd rather keep placed back in the darkest hidden files of his mind.

An older gentleman's voice caused Heath to blink a couple of times. He could already feel his hands starting the familiar jittering. Therefore, Heath slid his gun in his holster and placed his fingers in the loops of his pants. The twin holsters dipped low on his hips accentuating the danger that the young man possessed.

"He's dead." The older man sighed out. It was a relieved sigh. "The town owes you, boy."

Boy. There was that word again.

Heath stared at the man before stating in a low monotone voice. "Done paid me."

There was that smell again. The smell of blood that seeped from the dead man twenty feet from him. The too familiar smell of death penetrated the blonde cowboy's nostrils. Heath thought he'd have gotten used to that smell by now. If anyone could get used to something so disturbingly comforting in a familiarly odd way.

"I guess you earned it." Stated a saloon girl perching her arms on the wooden banister in front of saloon. Her goods hanging out of her bright red dress teasing any man to take a gander. Sort of like his twin holsters showing off his chosen profession. The pretty red headed gal added with a hint of admiration in her shrill squeaky voice. "You're real quick with a gun, boy."

That blasted word echoed through his head.

I _f I am such a boy, why did the same woman gladly bed me for free the night before. The way she had screamed out in pleasure should have her calling me a man by now._

 _No use dwelling on the girl. That statement was a stupid one though. If I wasn't quick with a gun, there would be no use in making a living with one._

Heath thought but never voiced. Instead, he mounted on his new horse. The same horse he'd broke and trained himself. Yet, he had to buy because it was caught while working for a small spread out the Nevada way. At least the money allowed for a stronger body horse so his little Modoc could live in luxury now back in his hometown of Strawberry. His Aunt Rachel and Hannah would make sure of that.

A young boy ran along beside him. The boy was having a bad case of hero worship since Heath had road into town promising to rid it of the trouble of the gunfighter, who had taken up residence there. He laughed at another irony of that as well.

"What's your name mister?" The freckled face boy asked breathlessly. "My pa would like to thank you personally."

Heath glanced down at the boy as the words hit him. Today was full of ironies. The boy's pa wanted to thank him. Him. A child of none.

"Been paid." Heath told the boy before kicking his large bay horse into a gallop.

He road out of that town heading for any other town. There would always be men wanted dead and money paid to him to do it.


	2. Chapter 2

**_A/N this is not exactly a Heath coming to the Barkley family story It is more of how the family not being as united along with Heath has and will lead to darker moments for them all. But right now I'm trying to get set up for the heart of the story ._**

 ** _Chapter One_**

 ** _months earlier..._**

Jarrod Barkley clicked his tongue on the roof of his mouth in a sing song pattern. He hadn't even realized he was doing the gesture or making the annoying sound until his younger brother grunted.

"Something bothering you, brother of mine?" Jarrod looked up from the papers sprawled out over his oak desk.

"That pesky noise for one!" Nick, becoming impatient, bellowed. Then he softened his voice only an octave or two. "That and the fact we lost a mighty big profit on that cattle drive I was so eager to take on."

"Well, now, brother Nick. That wasn't your fault that you got shot and General Wallent took over half the men with him to Mexico promising greener pastures." Jarrod arched his eyebrows. "It was too big a job for Eugene."

"I know that, Pappy." Nick began to pace. "General Wallent did too. That's why he took me out first. Eugene is still feeling a might guilty about it. Didn't think our men would desert us so easily if I wasn't in charge. I should've let the boy head back to Berkley instead of making him go on the drive."

"Hindsight is most seeing. But nothing can be changed back by just looking towards the past. If the past teaches us anything, it teaches to try to fix the future." Jarrod fiddled with the papers again allowing his own hindsight to sneak up on him.

"You're talking about that no good drifter." Nick rammed his fist into the palm of his hand.

"Our brother." Jarrod corrected Nick, who glared his way quickly.

"Yeah. Well, he didn't stay around long enough to prove it. How were we supposed to know?" Nick countered angrily.

"Heath told us." Audra stated arrogantly as she walked into the room. "If I recall correctly."

"That's enough from you, little girl." Nick warned with a pointing finger.

"Don't point at your sister, Nick." Stating as she walked into the room, Victoria sat down on the settee. She fumbled with her dress before staring up at her oldest child. "Jarrod, I guess the report confirmed his words."

"Yes, lovely lady." Jarrod sighed letting out much needed frustration. "Heath Thomson is Tom Barkley's son according to the Pinkerton agency. How did you know? Did you know about the affair?"

"No. Not at all. Your father never even hinted as such. We had problems early on in marriage. Nothing of great consequence. When he came back from Strawberry, Tom continued to be as he was only more attentive to you children and me. I thought it was because he realized how close to death he had came from the beating and robbery that had happened in Strawberry. Never did I think it was because of guilt of an affair." Victoria fussed with a thread on her dress as she let her words sink into her children's thoughts.

"Then how did you know, Mother?" Audra asked as she settled on the settee with her mother.

"He looks more like Tom than any of his sons. Not the Tom Barkley any of you recall but the man who I married. Tom grew a beard before any of you were born. He had received a scar breaking a stubborn horse. I hated that scar because it reminded me of how dangerous ranching could be. So Tom grew a beard to hide it. His blonde hair had already faded to a brown color by then too." Victoria smiled fondly at the memory. "Heath had your farther's mark strong on him. As soon as I saw him at the Swenson's, I knew his claim to be true. Facing him at the house later confirmed my worst fear."

"We don't owe him legally." Jarrod stood up to pour himself a drink. He offered the others in the room a drink as well. Each taking their preferred beverage.

"Does that matter, Jarrod? It is our duty to him." Victoria sipped on her sherry. "What did the report say more than that?"

"I'd rather not share that. It is a tough read." Jarrod sipped his own drink as he closed his eyes. "Put it this way, he deserves more than we can offer."

"Well, I'd rather the man come tell us himself. Did it say where he is now and what he's doing?" Nick bellowed in his normal boisterous voice.

"Yes." Jarrod rubbed his temples before addressing his family. "Heath Thomson doesn't stay put in one place too long. Therefore, we can't exactly track him down to ask him to give us a chance as a family. He's…." Jarrod bit his lip trying to think how to put it to the family without the ladies going into shocked surprise.

"Spit it out!" Nick caused the ladies to jump slightly.

"He's a gunfighter. Heath Thomson is a hired gun now." Jarrod saw tears brim Audra's eyes and a look of disdain pass over Nick's face.

"Why would the fool boy do such a thing? That's no Barkley. He may have our blood but he's no brother of mine." Nick continued his pacing.

"He lost his mother right before he came here. He lost a chance at the family of his father. Perhaps, losing everything in the matter of a few short months ,a man can give up hope." Victoria said as she watched the liquid in her glass as if it would spill without provocation.

Nick fidgeted slightly before saying he had an early morning. Therefore, he headed up to his room. He remembered Eugene's constant chattering on the way home from Semple's the day of the gunfight with the railroad. His little brother had started making a hero out of the blonde interloper. No not interloper but brother.

" _He saved me, Nick. I swear he did." Eugene nervously chattered on. "Saved you and Jarrod too."_

 _"You don't know that, Gene. Quit talking nonsense." Nick scowled at his younger brother. "You're nervous from your first gunfight."_

 _"Yeah. That's exactly what I'm saying. I froze when I saw Jarrod's arm take a hit. Next thing I know I wasn't returning gunfire, Then like that, I watched as a man took aim at me but the man went down before he pulled the trigger. Then I saw a man had a bead on you and I was trying to get my rifle aimed to only see the man fall back off his horse due to a bullet. The man that shot at Jarrod was gone before he took aim too. That's why the hit was off and didn't kill him. It was Heath's rifle fire taking him down. He wasn't only quick but he was deadly, Nick. I swear to it." Eugene prattled on._

 _Nick glanced over his younger brother to see Jarrod nodding in confirmation of the tale Eugene was declaring._

It made perfect sense how the boy could be gunfighter given his talent. Too bad that wasn't something a Barkley would do. "A Barkley wouldn't do that."

"How would you know what a man, Barkley or not, would do if he had to struggle to survive?" Jarrod stood in the doorway of his brother's room. His voice causing Nick to turn to look at his brother. "A man used to going to bed hungry and beat down by the world. A boy, who was given a rifle in the war, to kill men in the name of patriotism. How would you know, Nick, what a Barkley would do that wasn't raised in the luxury we've been blessed with?"

"I guess I need to read that file, Pappy."


	3. Chapter 3

**_Chapter Two_**

 ** _Present day_**

Heath stretched out his long taut legs over the soft mattress. His bare skin relished the cleanness of the soft sheets. He decided a stay in a nice fancy hotel was due him. After all, it was his twenty-fourth birthday. He almost felt guilty for the money he made this time. He finally got the promised pay of the men who hired him for the kill so many months ago.

It wasn't a gunfight but a cold blooded kill. He hadn't made that type kill since the army when he was a boy. Another irony not lost on him. He couldn't ever remember being a boy but was always called one.

The guilt wasn't so much of the kill. It was a clean shot right between the eyes of the man from at least 1,000 yards away. No that wasn't where the guilt gnawed at his insides from. It was the fact that if asked, he'd have gladly took the job without pay. Still the money this go round did buy him a nice steak dinner and a nicer hotel room with a clean bath waiting on him when he got to the room.

His hands had shaken then too. After the bullet was placed precisely between the man's eyes. Heath knew he'd never kill like that again. It was exactly like he killed in the war. That fact brought a strange satisfaction to Heath. Not that this kill bothered him due to who the man was. No. He preferred to kill when a gun was being drawn on him. This time was the only exception. Well unless he ran into another pair of men. Those two men had special bullet shots meant for them and them alone. Heath thought he better put that memory back in his dark place. He didn't want those voices making him angry. He'd never make another decision to kill using his skill with a rifle unless being shot at. But for the man he just killed and the two others, he'd make the exception. Well, and that one time for his brother. But really it wasn't his kill but he'd claim it to help his brother.

The only thing he wished was that he could find justification of putting a matching bullet into the squalling wife of the man. She sounded like a banshee in the ghost stories one of the old miners had told him when he was a boy. Another shake of Heath's head at the word boy. He never felt like a boy since he was six. He felt like a little man then. Well that wasn't true either. His mama made sure he felt like a happy child despite the reality of their lives.

Heath looked at his work worn hands. They were still calloused despite his now chosen profession. Heath still worked seasonal work on ranches doing what he loved best. Too bad the work never stayed for too long a time. But there was always the man to be killed out there. So Heath knew the twin guns would be waiting after the seasonal branding or cattle drive work ran out. He couldn't complain. He never went to sleep on an empty stomach now. Neither did his horses, Gal and Charger, or his Aunt Rachel or Hannah. He wished his mama could have had the same luxury. Of course, his mama wouldn't approve of his choice of work. She'd be disappointed in him. He was disappointed in himself.

Heath closed his eyes and wondered if the shaking would ever not come after he took a life. He supposed if it did, that meant he was getting used to the acts and the smell of death. The shaking made him human somehow and not the animal he felt like most days.

"I hear it is your birthday." A female voice purred from beside him. Her fingers danced lazily over his muscular chest. Her fingers stopped momentarily to play with the hairs on his chest.

Heath glanced down at the female lying nude next to him. He had to admit, she sure was a beauty. She was probably as young as his little sister. His little sister. That was one memory he'd call upon when he wanted to feel happiness. From the hotel to the fire, that was all it took for the blonde Barkley girl to show her acceptance of him. The blonde girl trying to protect him from the prying questions from the Stockton sheriff. He reckoned that memory would last him a lifetime. His life probably wouldn't be that long in living any way.

"Since it is your birthday, I'll give you tonight for free." The raven haired beauty purred again as her lips began to nibble on Heath's neck.

Heath chuckled lightly. "You'd give me tonight for free even if it wasn't my birthday."

The girl leaned up placing her elbows on Heath's chest. "You think so?" Her hazel eyes twinkled mischievously. "You are an arrogant one."

Heath's eyebrow quirked up at her words. It was a silent challenge to discredit him.

She patted Heath's thigh before adding. "I guess you have a right to be. Yeah. You'd be free after experiencing you the first time."

He rolled the raven haired beauty to pin her beneath him. May as well enjoy his birthday and the gift she offered. He didn't get to experience many birthday presents in his life. His mama never afforded him any. Didn't see what a person like him was worth celebrating each year for any how.

Jarrod Barkley rolled the small cigarette through his fingers as he stared up at the window of the hotel. He was sure that ornery younger brother was up there making some female's night. Jarrod glanced at the cigarette having a sudden longing for an expensive cigar. It had been months since he tasted one. It had been months since he felt like himself. Jarrod realized his past actions would never allow him to be Jarrod Barkley again. Thanks to the blonde brother in the hotel, Jarrod Barkley no longer existed. He was now Thomas Thomson.

 **A/N Historical fact- The Pattern 1853 Enfield (P53) rifle was manufactured by the Royal Small Arms Factory from 1853 to 1867, with approximately 1.5 million being produced. It saw service all over the world, but most famously in the Crimean War, the Indian Mutiny, and on both sides of the American Civil War. It had an adjustable ladder rear sight made with steps for 100 yards (known as the "battle sight") range, and for 100 yard increments up to 400 yards. For distances farther than that, an adjustable flip-up blade sight was graduated from 900 yards to 1,250 yards. The official maximum range was 2,000 yards, but later trials revealed it was only effective to 1,450.**


	4. Chapter 4

**_Note-I know I'm jumping around a lot. I like to see who guesses correctly. Hopefully the confusion of what is happening will begin to make sense. This chapter will answer one question but not the one about our beloved lawyer quite yet._**

 ** _Chapter Three_**

 ** _months earlier..._**.

"Toddman was Bentell? Bentell as in Carterson's Bentell?" Eugene gasped as he looked at his older brothers.

He had read the history on the Civil War. One of his professors at Berkley insisted the young men knew what blood was shed to make the great country they were in. He stared at his brothers again. One sitting stoically in his father's overstuffed chair by the fireplace. The other pacing back and forth in front of the fire.

"Clean out your ears, boy. That's what I said." Nick irritatedly stated. Once again, he had to rely on his younger brother to help out with the ranch while he made a trip to their logging franchise up in the Northern territory.

"Have they caught who killed him, Nicholas?" Victoria asked curiously. She was thankful Audra was away to her sister's house in Denver. The talk of killing wasn't befitting for a young lady's ears.

"No." Nick stopped pacing long enough to state the gruesome details. "Bentell was shot right between the eyes. Dead center. Bentell was standing next to his wife when it happened. By the time our tracker figured out where the shooter was perched at, the man was long gone. Was at least couple thousands yards out."

"Didn't the tracker pick up the shooter's trail?" Jarrod rubbed the bridge of his nose.

Eugene fiddled with his drink thinking about how much life had changed lately. He had to keep coming back to the ranch and not attend college as much as he liked. He knew Nick needed help but Eugene didn't feel that life was for him. He had plans for his future and the Barkley empire wasn't part of it.

Jarrod and Nick both realized that they were facing another delimma. Once again, the Barkley enterprise would be losing money. The flume had just begun. A large amount of money had been invested in it for completion. Toddman now known as Bentell was the head of the operation. Now the Barkleys would have to delay the flume until they found someone knowledgeable enough to take Bentell's place.

"No. Whoever it was, he was good at hiding his tracks as he was at shootin'. He was long gone without a clue where he was headed." Nick breathed out before pacing again. "That was the best tracker money could buy."

"Looks like the shooter was the best gunman that money could buy too." Eugene added unwittingly.

"Eugene James Barkley, that was inappropriate." Victoria chastised her youngest son. "A man is dead leaving a widow to grieve him."

"Sorry, Mother." Eugene's face burned red with embarrassment.

"That may be callous. However, that is a good point. Perhaps we can find the out who it was by finding the best shooter money can buy." Jarrod arched his eyebrow. "Good a place to start as any."

"We can't let this go unanswered for, Jarrod." Nick suggested. "We can't have a man in our employ be gunned down in cold blood."

"Certainly not." Victoria exclaimed. "However, as many enemies as Bentell made, how will you know who it was and if it was indeed a gun for hire?"

"That is a point, Mother." Nick packed his punch into his palm again. "Bentell has a lot of enemies. Too many men were tortured in that place."

"So it boils down to if the man was a hired gun or if he was a former prisoner in that place or a family member of someone there." Eugene tried to add input into the conversation.

"Or both." Jarrod pointedly said. "Or both, brother Gene. Or both."

Jarrod's nod told his youngest brother and mother that he needed to talk to his other brother alone. They both excused themselves to do as Jarrod's silent nod asked them to.

"Any truth to those the rumors I've heard about Rance Kendall?" Jarrod stared at his brother.

His brother, Nick Barkley, the man was bigger than life but still had a heart filled with love. Therefore, it was eating the man up that he had killed Rance's only son. It was a known fact that Rance had been threatening Nick since. It was also a known fact that Nick had no choice in the matter. The boy was the age of Gene but had the wits on him matching a fly. He wanted to prove he was a man and did so with a gun. Unfortunately, the boy was fast but not as quick as Nick Barkley.

"What rumors might that be, Councelor?" Nick ignored his brother's dry stare.

"That Rance Kendall has put a price on your head. He is looking for a hired gun to do the job for him." Jarrod stood and made his way to the drink table. He poured himself and his brother a stiff drink. "You're fast, Nick. Everyone in Stockton knows that. But, brother Nick, you are no hired gun."

Nick's brow creased as he laughed ominously. "Well, maybe that little brother of ours that is keeping himself so elusive will take that job."

"That's not funny, Nick." Jarrod slammed his fist on the table. "It is a good probability he will. We left him with a bur in his saddle. He's a killer. Barkley or no Barkley. He just might be gunning for you if the pay is good enough."

Nick growled in a groaning snort. "I read the file, Jarrod. I know how many notches are on the boy's belt and I'm sure there are more now. The truth is I can't blame him for being hard. WE didn't even ask, Jarrod. We didn't even ask."

"Ask what, Nick? How he managed to work in a mine at age six or the livery at age seven? Why he signed up for a war at the age of twelve? How could a teen boy shoot men with a rifle in the name of patriotism? How he survived Carterson at age thirteen?Or how only a month before he found us….how it felt to watch your mother die due to being violently beaten and raped while he was out trying to make a living for their survival?" Jarrod threw his glass harshly against the wall. An act more like Nick than himself. "Which question should we've asked first, brother Nick?"

Nick's voice wavered as he said the words out loud. "Heath was in Carterson and is hired gun? A sharpshooter too?"

Jarrod's eyes widened as he whispered in a knowing voice. "Bentell


	5. Chapter 5

**_Chapter Four_**

 ** _months earlier..._**

"Well, are you going to take the job or not?" Rance Kendall pushed the envelope towards Heath. "Mr. Thomson, I assure you that I'll match this amount once the job is finished."

Heath leaned down placing his hands on the large desk that the rancher sat behind. "Don't reckon I can do that, Mr. Kendall."

"Why the #%$# not, Mr. Thomson?!" Rance Kendall jumped up angrily. "My money is good as the next one."

"Never questioned your money. I question your motives." Heath stared menacingly at Rance. "Been questioning around. It was a fair kill. Nick Barkley had a right to defend himself."

"You're an awfully choosy gunfighter aren't you!" Rance exclaimed. "Nick Barkley killed my boy. Are you beholdin' to the Barkleys like most of the valley?"

"No. Not at all. But I don't take a man's life unless I find a reason to do so. Even if the reason ain't my own. I don't find a reason to do that in this case." Heath pushed the envelope back towards Rance. "I'm sure someone else will take up your cause. Not many of us gunfighters worry much about who they kill."

"Not like you." Rance grabbed up the envelope. "You're the best. I hear."

"There is always someone better, Mr. Kendall. If the profit is right, you'll find him." Heath placed his Steston back on his head. "Now, I best let you get to lookin'. I need to get some kind of way to earn a few dollars. Spent what I had gettin' here."

"I'll double the amount." Rance called out in desperation.

The blonde gunfighter shut his eyes briefly. "I'll think about it." Leaving the envelope laying but not refusing the job, Heath nodded as he headed out.

His thoughts playing over and over in his head.

 _Dang. What has the loud mouth gotten himself into? Not like it is my concern. I sure wasn't theirs. Best head to town for a few days to see who comes in town for hire. Not for loudmouth. Just out of curiousity is all._

Heath saddled up to the bar at a place called Harry's. He had noticed right away that the town of Stockton had settled down to a peaceful place now that the railroad had pulled out. The fact was that Jarrod Barkley had won his case for the farmers and ranchers in court. Jarrod, that was the name of the fancy talker. Eugene must be the confused one.

It wasn't long before Heath had joined a decent game of poker. It was payday for a lot of ranch hands. May as well take their pay they were so willing to hand him. That was one thing he had to thank his iron clad memory for. Good profit in poker. Maybe he should have taken poker up as a profession instead of killing. But that came with fancy suits and little bitty hidden guns. It wasn't much to Heath's liking.

Heath could think his memory for a few things. Knowing a man's bluff or good hand due to little quirks or actions most couldn't see. Or counting the cards laid out versus what cards were held in a man's hand. That made him a good poker player. That and his steel cold unreadable actions.

Another thing was his gift with women. Any woman longed to be treated like a lady even a saloon girl. Therefore, knowing their names and pleasures always came in handy to get free time with the girls. Many of the girls but only the clean ones. He could afford to be picky in that area. Besides, he always was cautious to prevent babies and diseases. Each girl felt special because Heath made each girl feel special. It was the least he could do. After all, a female is a gift no matter her lot in life. That was about all he had kept at heart in his mama's teachings.

His memory wasn't really helpful with his gift with horses. Or was it? He had filed away all types of a ways of breaking, gentling, and training a horse. From various Indian styles to different ways of holding himself in the saddle when breaking the horse. He had to admit of all the things in his life, horses was a bright spot. He loved the animals more than he loved people with the exception of his mama, Aunt Rachel and Aunt Hannah. Well, then there was his sister, Audra, had her place on that list now too.

As far as being a gunfighter, that was easy enough. You live or you die. Not much thinking in that matter. Even though he did study the other gunfighters before he attempted to face them. If they shot a certain way, Heath chose the hand on one side or the other. He was gifted with the use of both hands equally. Therefore, he wore the twin holsters in accordance. That way if the man was off his mark and Heath wasn't fast enough, he had the other hand free to kill with.

"Can anyone join this game?"

Heath wanted to curse when he heard the baritone voice of his brother.

"Don't mind taking your money at all, Barkley." Heath glanced up noting not one but all three brothers had gathered around the table. "Well, I guess I'll have the pleasure of taking all three of the Barkley brothers' money."

McNalley, one of the Barkley ranch hands, stood up. "He's good, boss. Took all I can afford to give him. He cleaned Chad out long ago."

"We'll take that warning to heart." Jarrod settled down in the seat beside of Heath while Nick took the one on the other side of the blonde gunfighter.

Eugene nervously sat beside Jarrod. That left one more player beside Heath. He worked on the Montero ranch. He tossed his cards on the table cursing his bad luck before moving on to the bar.

"Looks like it is only us." Nick grinned with a smile not reaching his eyes. "Why are you back here, boy?"

"Don't call me boy." Heath warned with cold blue eyes. "I'm not your boy. I'm no one's boy. Are you here to play cards or are you here to ask questions? Because if it is latter, I need to find a better game to join."

"Deal." Jarrod handed the cards to Heath. "Can we do both?"

"Reckon. I man can ask. A man can also not answer." Heath shuffled the cards before dealing the cards out to his three brothers.

After four hands, each one of the three Barkley brothers challenging Heath had won a hand. Then the fifth hand had Heath winning. It didn't take long before Heath's winning streak continued. Jarrod had to give it to Heath, his younger brother was good at reading people. He had the Barkleys pegged when it came to poker playing.

"Took a lot of your money. Reckon I can answer your question." Heath swooped up the cash before waiting for Eugene to take his turn at dealing. "I'm here because a price on Nick's head. I'm sure you know that I'm a gunfighter. Since you've had some Pinkerton agent checking up on me a few months back."

"You don't deny it!" Nick growled.

"Don't get your bloomers in a bind, Barkley." Heath leaned up placing his elbows on the table. "I can take two of ya out before you can get your gun free from your holster."

"Oh you think so. Do you?" Nick leaned up as well.

Heath smirked. "No. I know so."

"Nick, stop it." Jarrod warned. " He pulls a gun on a man for a living."

"Well, ain't that smart advice from you, councelor." Heath settled back in his seat. "I didn't take the job. Still thinking about it though. So don't help me make up my mind. I have to roll it around in my head. Not because of who you are but because of the reason you have a price on your head. Don't take a man's life unless I think it is just."

"Your just." Nick snorted.

"Yeah. My just." Heath shook his head. He had to give it to loudmouth. He was a brave man.

"Did you kill Matt Bentell?" Eugene asked quickly hoping to catch his blonde brother off guard. Jarrod had to applaud the boy for his effort. Maybe the kid would make a good lawyer someday.

Heath's cool demeanor never melted. "That there is a good question and an unexpected one. Truth is that I can have a dozen saloon girls say I was with them on the day in question."

"My brother never said what day Bentell was killed." Jarrod leaned back in his chair staring at Heath. He hoped to be able to read his face. For a moment, Jarrod noticed Heath's eyes flash with uncertainty but then went as unreadable as he had been all night.

"No. He didn't." Heath chortled as he stood up from the table. He placed the money he had won in his pocket before turning to address Jarrod. "But I never said which girl of the dozen either. Still know I'll have an alibi no matter if I were standing right there beside the man putting the bullet between his eyes myself."

Jarrod knew that Heath didn't accidentally let the fact out that he knew where Bentell was shot. Heath mocked the brothers with a half smile. It was a challenge to Jarrod and the rest of the Barkleys to prove him the killer.


	6. Chapter 6

_**Chapter Five**_

 _ **still in past...**_

"He killed him in cold blood." Nick paced around the study pounding his fist in his own palm. An action he seemed to be doing a lot lately. "Our own brother killed a man in cold blood. Heath as much as admitted it."

"He didn't take the job to kill you, Nick." Eugene stated lowly. "He's our brother and he didn't take money to kill you even if you threatened his life if you ever saw him again."

"The men Heath has killed in the past were known to be good with a gun. He chooses to help the man who is being targeted by a hired gun if the man is worthy." Nick plopped down on the chair in front of the fire.

"That's not justice, Nick." Jarrod slammed his drink on the table beside him. The brown liquid sloshed over the sides of the glass. Anyone that knew Jarrod Barkley knew his love for the law and justice. "Still makes Heath a gun for hire. Besides, Bentell was a target. He was unarmed."

"I wasn't saying it was justice, Jarrod. I was saying that is why he chose not to take Rance's money to kill me. Not because I'm his brother. That's all I was saying." Nick seemed hurt by the revelation. "Besides, he said he was rolling it over in his head."

"What makes you think he should care about the brotherhood we denied him."

Jarrod threw a look at his youngest brother as the words came from Eugene's mouth. He then glanced at Nick expecting an explosive rebuttal. Instead, Nick stayed silent to Eugene's words.

Jarrod closed his eyes feeling a headache developing just behind his eyes. He knew no matter what blood ran through Heath Thomson's body, no man should get away with murder.

In the town of Stockton, Heath was keeping an eye open for any hired guns. He had earned enough money to stay at the hotel for a few days. If money ran short, he'd get more in another poker game or capture a wild horse to sell.

He spotted Audra and Victoria Barkley strolling arm in arm towards a dress shop. He started to step out of the way and head to the opposite side of the road. However, his actions were thwarted when Audra ran to him. She threw her arms around Heath's neck knocking him back slightly.

"Heath!" Audra exclaimed. "You're back."

Victoria Barkley didn't seem as excited to see the young man. It wasn't because of his birthright or parentage. She knew the twin guns meant he was a gun for hire just as Jarrod had warned. She knew that her second son had a price on his head due to Rance Kendall's anger for Nick shooting his son. Was Tom's son going to be killed by Tom's other son?

Heath saw the scrutiny in the regal lady's eyes. He returned Audra's embrace. He'd not hurt this little sister for anything in the world. Perhaps that was the reason he was staying around Stockton. He wanted to make sure Nick could hold his own with any one Rance hired. Would he step in if Nick couldn't? Would he do that for his little sister? Heath wasn't sure about that at the moment.

"Join us for lunch, Heath." Audra begged as she looped her arm in her brother's arm.

Heath started to protest. The voices in his head were warning him that getting too close would only be detrimental in the long run. The memory of Audra was only a special gift afforded him. Something he could pull out when he had reached his lowest point. He'd not use that cherished memory gifted to him in vain nor take the chance of losing it.

Audra was everything Heath's life wasn't. She was good and pure mixed with an angelic innocence. She wanted to be adventurous and daring like Nick but her naivety didn't allow her to see the reality of the harsh world. She had been protected as the treasure she was. Audra was his angelic treasure.

Heath's thoughts were interrupted by the regal lady's voice. "Please do join us, Heath."

Those blasted voices warned him again. But a few other voices, those voices that made his pride swell, whispered that Victoria Barkley's words didn't match what she was really wanting of him. Heath could read people and unlike when she challenged him to prove his claim at Semple's farm, she wasn't challenging him now. She was daring him to even think about joining them out in public. A gunfighter was what he was now. Not Tom Barkley's son but his bastard son who was a gunfighter.

Heath clasped his hand over Audra's. "I'd love to, little sister."

He watched from the corner of his eye to see regal lady stiffen and pale at his words. Heath had a feeling she was more ashamed of his twin guns than his circumstances of birth. His angelic treasure though seemed overjoyed with his choice of words. That didn't surprise him any. He expected no less from her.

Heath mused as they walked their way towards the Cattleman's Hotel about his secret family. They were a strange bunch to say the least. There was regal lady, fancy talker, loudmouth, confused one, angelic treasure and him, the child of none. He wondered what name he could come up with for his mama. But Mama was the only name that seem to fit her. Then there was Tom Barkley, the old stud himself.

The lunch was more enjoyable than Heath had thought. The steak was juicy and the other fixins were tasty. The meal was as netter thana his meal a couple nights ago. Yet, the peach pie wasn't quite as pleasing as the dessert on that night though. He wondered about blonde haired Lacey and the kind of desserts she eagerly offered him. Heath chastised himself for those thoughts. You don't think about such things around regal lady and especially around angelic treasure.

Heath started to stand up to excuse himself but a hand was placed over his. His eyes followed the hand up the arm to regal lady's face.

Her voice spoke with expected obedience. "Audra, why don't you go check and see if the dressmaker has your package ready."

Heath finished standing up to be courteous to Audra. The blonde sister kissed Heath's cheek causing a new memory that could be tucked back into the file to retrieve later.

Heath sat back down allowing his eyes to watch Audra leave. Without looking away from the door, which Audra exited, he spoke. "Are you wanting something, Ma'am?"

"Yes." Heath turned to see Victoria pushed her dainty hands into her white gloves. Heath noted at least she touched him before the gloves. He must not be too dirty for such royalty to touch.

"Well. I know you don't want to be seen too long around the likes of me." Heath held up his hand to stop her denial. "I can read people, Ma'am. Better than most. You're about as comfortable as a wh…..horse with a lame leg carrying a five hundred pound man."

Victoria knew Heath stopped his words. She was sure his first analogy was about a certain type of female in a certain religious establishment. She appreciated his trying to be a gentleman in front of her.

"It is the fact of what you do, Heath. Not who you are that causes me to feel it at ease." She smiled weakly knowing the young man had seen far too much in his life to be fooled by her trying to be mannersome.

"Sometimes, what a person does makes that person what he is." Heath said stoically. "I'm not up to debate the fact with you, Mrs. Barkley. Now, why did you keep me here and send the angelic treasure away?"

"Angelic treasure? Audra! Yes, that does fit her well." Victoria softened at his words for her daughter. She could see the sincerity behind the boy's azure orbs. Victoria wondered if he had a nickname for her. She fiddled with her lace kerchief that was pushed back in her sleeve before answering. "Did you come to take Mr. Kendall up on his offer?"

Heath had to appreciate regal lady's bluntness. "That's why I came. To see who and what reason for the hire."

Victoria straightened in her chair knowing the boy would never give away his thoughts no matter how long she stared. "I'll pay you more not to take it."

Heath snorted at her words. "Didn't figure less from your family, Ma'am. But I doubt I was gonna take it anyway. That won't stop the next man though. Rance Kendall is offerin' a lot of money on your son's head."

"Very well." Victoria bit her lip as she said the words that seemed foreign to her. "How much would it cost for you to protect my son from whoever Rance Kendall hires?"

Heath's eyes became an icy blue. Victoria felt a shiver run down her spine at his stare. Then he spoke in a voice so monotone that it caused another chill to run deep into her bones.

"Five hundred more than what Rance is offering." Heath stood up and pushed back his chair. He then leaned to be mere inches from Victoria's face. "How does it feel, regal lady, to be willing to trade one of Tom Barkley's sons for another?"

He placed his tan Stetson on his head and gave her a two fingered salute mixed with a wry smile. Heath sauntered out leaving Victoria upset with her own actions.


	7. Chapter 7

_**Note-some answers to Heath's life choices . Some hints next two chapters on Jarrod...I mean Thomas Thomson**_

 _ **Chapter Six**_

 _ **Past...**_

Heath cursed under his breath as he watched a cockroach cross over the top of his boot. He had let the regal lady get to him. That cost him a poker game. Which was the reason he was in the run down hotel rather than the cleaner one on the better part of town.

Heath gripped the side of the mattress before turning it over. It was hard telling what types of fluid stains were on the front side. Heath could only guess. Just as Heath had figured, the people that ran the hotel were too lazy to turn the mattresses.

"I reckon the patrons are just as lazy. This looks pretty decent on this side." Heath said to himself.

Then he laid out his bedroll over top of the mattress just in case. Heath opted to keep his clothes on including his boots. He watched another couple of cockroaches scurry across the nightstand before disappearing into some kind of stain that made a trail under his bed. He thanked God he slept with his mouth closed. Didn't want the bugs slipping into his mouth and down his throat.

Heath would usually camp out in the open rather than sleep in such filth. Caterson was a forced filth that he locked away in the memories he wanted kept filed away. Now that he had a choice of where he laid his head, he preferred God's clean outdoors to this. However, he needed to be in town to watch for hired guns. He wondered if loudmouth deserved this type diligence.

He then peered at the corner of the room. A spider was making a messy web. The jet black body with the red hourglass figure told Heath it was a black widow. _Better than a recluse spider, I recko_ n. Heath thought. Even though both were deadly. He decided to leave it alone. If death wanted him bad enough to make a spider bite be the cause, death could have him. Besides, with all the bugs in the hotel, the spider would have a feast. He wasn't on her menu.

Heath was bone tired. He had went to Semple's place to help widow Semple with some fence mending he heard needed done. He worked from sun up to sun down to help the woman with two young children. He had ended up doing a lot of other chores added to the fence mending by the time he left. There was a lot of things that needed fixed around the old place. Due to that fact, sleep came to Heath's weary body as soon as his head hit the pillow.

Two hours later, Heath woke up with a start. His mouth spilled with language ,both Spanish and English, of curse words that would make a sailor need a dictionary. Heath could feel the sweat trickle down his spine causing his shirt to cling to his skin. The blonde raked his hand through his now soaked hair. He tried to calm his ragged breaths and slow his rapidly beating heart.

The demons were taunting him exceedingly tonight. His perfect memory pulled out pictures that he had filed away hoping to lock them in hidden places. Heath knew that wasn't possible. Even if he made the effort to file them away during awake hours, the blasted demons of his past found a way to creep into his mind in his nightmares.

Heath rubbed his temples trying to put back every picture but they teased him of their existence. His own words to his brothers echoing of the reminder of those haunting memories. "I had been up on the Klamath when they called for me said she was sick and dying…"

Those that sent for him had hidden what caused her sickness or the reason for her dying. She was at Rachel Caulfield's, his mother's best friend, house when he arrived to find his Mama.

" _Heath, listen to me." Rachel grabbed his arm. "Please. The doctor said she has internal injuries. There is no way to stop the bleeding. You have to remain calm for her. Please, Heath. Give her peace in the last moments of her life. When you see her, try not to act shocked. Try for her, Heath."_

 _Heath nodded his head before he turned to knob that would lead him to his mother's bedside. He kept from looking angry, hurt, and shocked. All he allowed his face to show was love for the woman lying in the bed. His Mama._

 _Unfortunately, his mind began taking in all that was around him. All that was his mama's features. Her beautiful face was marred with black and blue bruises mixed with deeper yellow ones. Her lip was cut causing her to hurt when she spoke. Her red hair had gray streaks runni_ ng _through it. However, Heath knew his mother's hair was usually a vibrant red not the dark crimson color that her own blood had stained it._

 _Obviously, Rachel and Hannah had tried to clean her up. It was a fruitless effort as it would cause his mama more pain to clean her properly. His mama tried to move to embrace him. The blanket that hid her moved. Heath didn't let her know. She would be appalled that he saw her bruised and battered thighs. Evidence of the brutality of the rape she had endured by two different men._

 _She told Heath she loved him. Her green eyes sparkling with adoration at her golden child. Then she told him to get her bible. The bible she kept with her at all times. She had even kept it in a pocket in the front of her apron. It brought her peace. That is when the newspaper clipping fell out. That was when his mama took her last breath._

 _Heath blinked as tears trailed down his cheeks. Then he opened the bible to the front. In his mother's perfect handwriting, more of the truth was written. Heath Thomson was listed as the son of Leah Thomson and Thomas Jonathan Barkley._

 _He didn't tell the Barkleys that bit of information. He had no proof o_ f _his claim of the bible. He had buried it with his mama._

 _After his mother's burial, Rachel had begged him not to go to his childhood home. She told him it was too much to take in. Heath went anyway. Heath was a man of law once. Being a deputy to Sheriff Sawyer allowed Heath to take in a scene. Unfortunately, his memory had him lock it in._

 _There was broken furniture and plates scattered throughout the floor. His mama had put up a valiant fight. Heath slid on something causing him to catch himself on the wall. The wall where blood splattered patterns were. His mama's blood. He looked down to see what had made him slide. Heath's heart ached at the sight and smell of a puddle of blood mixed with urine. A trail of blood made a winding path from the front door to the kitchen table. Bloody boot prints told of two different men being there. The kitchen table was the end of the blood trail. There a pool of blood stained the top of the table. The blood had mixed with a meager amount of food. The men didn't bother with knocking the table clean before they took her body there._

 _His mama had obviously made it to the door trying to escape only to be pulled back. Heath noticed the locks of red hair mingled in the blood by the door and some loose tendrils mixed in the trail of blood. One man had dragged her by the hair of her head._

 _Heath bent down to retrieve a piece of cloth covered in blood from under the table. It was his mother's torn undergarments. The smell of the blood caused Heath to run to the front door. He let the contents of his stomach explode on the old porch. Then he screamed with a broken agony of a child losing his one link to the goodness of humanity. The one person that always made the dark times appear brighter. His mama._

 _Leaving the gruesome scene, Heath went to his uncle's hote_ l. _He addressed his uncle Matt Simmons , his mother's older brother. "What did the sheriff from Two Bucks say?"_

 _Matt raked his hand weakly over his chest. "Truth is, boy, he didn't much care about it. Said it weren't his jurisdiction and he had better things to do than…"_

 _Matt stopped knowing how much the words would hurt his nephew. His words had hurt the boy far too long._

 _"Don't take much to imagine what he said. Reckon about any lawman around these parts will feel the same about..." He halted his own words. He wouldn't say what everyone thought of him and his mama. They didn't know how precious she was. Not many cared to try to find out either. Heath leaned down on the counter. He raked his hand under his whiskered chin. "Rachel said it was two gunfighters. She's sure of it. She gave me a description of both of them. But that fits about any gunfighter a man can run into. Said that they had been making advances on Mama since they arrived in Strawberry. Mama tried to ignore them."_

 _"Leah always did think she was too good for any man." His aunt Martha scowled._

 _"Shut up, Martha." Heath snapped in a warning tone before leaving the woman silent. He turned back to address his uncle. "I'm going to Stockton."_

" _The Barkleys won't accept you, boy." Matt said wearily. "Why are you going there?"_

 _"I heard tell of one of them being a lawyer. Maybe they will help me find the men who did this. Maybe we can bring them in together to face justice. I got to for Mama, Uncle Matt. She deserves that."_

 _"She does and more, boy." Matt clapped Heath on the shoulder. "Those boys are your brothers. Let them help you bring justice for your mama."_

 _"I don't want nothin' else from them. Just their help as family." Heath stated before he turned around to leave._

Heath wished he had kept with his plan. But the blasted loudmouth made his pride swell up and he blurted out the truth. He had said he wanted a name, a heritage, a part of it all. It was pride talking again. All he wanted was their help as brothers. Help for the pain of his mother's murder. Help to rid himself of the demons that kept pulling out the cursed memories of his past to taunt him with in his sleep. Help to have someone else be his light when the darkness tried to take over.


	8. Chapter 8

_**Jarrod's life explored a little...a huge hint of his future as Thomas Thomson**_

 _ **Chapter Seven**_

 _ **past...**_

Jarrod Barkley had heard of a promising young man to take place of Matt Bentell as a foreman to get the log flume started up again. It was a welcome reprieve to get away from the family problems simmering to a boil in Stockton.

Washington was just as Jarrod expected. Rainy. However, the trip did work out as the new man would do the job as well as Bentell would have. He would start in two weeks once he got his things in order.

It had come to everyone in the family's knowledge that his mother had hired Heath to protect Nick. Not in the fashion that the ranch hands guarded the family after his father's death. No. This was much more unBarkley like in nature. His own mother had basically hired a gunfighter to take on any gunfighter that Rance Kendall hired to kill Nick.

Nick was irate about it. It hurt his pride to know what his mother had done. He felt he was more than capable of taking care of himself. The family did as well until Vern Hickson was the one to be rumored to take Rance Kendall up on the gun for hire. Vern Hickson was known as one of the best gunfighters in the western parts. Fortunately, Heath Thomson had built a reputation the past few months rivaling that of Vern Hickson.

Vern Hickson and Heath Thomson would have to face off if Heath were to do his job Victoria Barkley had offered to pay him well to do. Angry at his whole family for suggesting paying someone for doing something he himself should be doing, Nick road off to do some horse buying near Modesto. He'd take care of his own problems when he let his head of steam cool off.

Jarrod didn't know why he had decided to take the train home one day earlier. He couldn't explain why he cut his trip in Washington down by one day. However, when his midnight blue eyes caught the light blue eyes across the room, he knew fate had blessed him.

Traveling back enjoying each other's company without paying attention to any other person aboard the train, Jarrod Barkley knew he was falling head over heels in love with Beth Randall. As Beth said, it felt like another time in another dimension. Jarrod hadn't realized how easy it would be to give his heart wholly to another. Yet, he had in such a short time to the woman, who gave her heart back as quickly and feverently.

It was that love that caused him to make the decision not to continue to Stockton but to stay in Denver with Beth instead. He never explained to his family meeting Beth. He wanted to enjoy getting to know her better. His brief stay ended up to be a longer stay than expected. Which ended up being a marriage to the woman he loved. The woman , who had planned to be a school teacher, was now Mrs. Jarrod Barkley.

In the meantime, Heath and Vern had ran into one another more than once. Both refusing to call the other out. If Vern wanted to get at Nick, Heath would have to intercede more times than once to get the loudmouth not to draw on Vern.

"You're an idiot." Heath took a slow drink of his whiskey. He allowed the burning drink to slowly ease its way down his throat.

"Excuse me!" Nick bellowed. "I ought to fight you right now."

"That's just it, Barkley, you'd win with no problem in a brawl with me or Hickson. But you can't outgun us. I've seen you draw and shoot. You're real good. Better than I expected. But you're not Vern Hickson fast." Heath said in his low drawl.

"And you are?" Nick pounded his fist against the bar.

"I don't know the answer to that." Heath stared out in front of him. "That being said. I'll tell you this much. If he kills me, I'll make sure to wing him or kill him so he won't be shooting you. Vern Hickson shoots for the chest or the gut. He's about as fast as I've seen. But he ain't as accurate as I am. If I'm dying, I can still get a shot off and I aim sure. He'll have a bullet in his head or one taking out his shooting arm for good. I know that much. I've been paid half what your mother owed me to keep you from gettin' killed. If I die and Vern can't shoot you, I want the other half sent to Rachel Caulfied in Strawberry all but two hundred dollars. I want that give to Sally over at the saloon. She wants to start a new life. I guess that just about will let her."

"I ain't about to let you take up my battle, boy." Nick growled as he downed his own whiskey.

"Don't call me boy." Heath reminded Nick but for some reason Nick calling him boy didn't raggle him up like it used to. "Ain't got no choice in the matter, Barkley. I've done been paid. I don't take charity so I got to finish my job. When Vern goes to collect from Rance the first half of the money, I know how to get to him. I know what makes him tick. Part of it is the profit of killing, part is being the best at it. He'd rather hand back every penny to Rance to get a chance to take me on proving he's the better of us. The way Vern figures it. He'll kill me and then collect so he can kill you."

"And what if you can't wound him or kill him and you're dead. He can kill me anyway." Nick quipped angrily.

"Then your mama has all her money back. That should be enough for your funeral." Heath placed his empty shot glance on the bar. "I'm done talkin' about this. I've talked more since running into you Barkleys than I have my whole life. It's startin to make my throat and head hurt."

Heath walked off leaving Nick brewing in his anger.

It seems the time did come for Heath and Vern to square off quicker than anticipated. There were plenty of witnesses the day it happened. Nick was working on the ranch unaware of what was taking place just outside of Harry's. Vern wanted to prove his worth. Heath wanted to save his brother's life. Whether that was for Audra or himself, he wasn't sure. But Heath's reasons had more determination behind them than Vern's trying to prove something to himself. Vern was so eager to win, he drew first but not fastest. A bullet hit Vern right in the throat ripping his life away before his gun could put a bullet in Heath.

Heath was wounded in the side but it was in a part not damaging too much. He'd heal. That wouldn't hinder his ability to shoot. However, he knew the bullet was still inside of him. He'd have to have a doctor dig that out.

Heath wondered out loud as he watched the blood seep from his side. " #%%*! How much is this going to cut into my profit for killing Vern Hickson?"


	9. Chapter 9

**_A/N This will probably be the last glimpse into the present until the past is completely explained. I don't know why I chose to write this way but enjoyed doing so. I am using many BV characters but changing them to fit my AU. For instance, the gambler was not a gunfighter as well but I chose to make him one. I also liked the chemistry between Babarey Red and Jarrod so I changed her a little too. Thanks for the great responses. They are well appreciated. As some have questioned Heath's confused actions as how can he be dark or so forth and act this way or that...this dark Heath is due to no influence of the Barkleys, of being completely without someone to get him over the dark times of his past since he lost that with his mother. The Barkleys are a little darker without Heath as well thus Victoria's actions. The last line of the last chapter was to show that Heath is balancing on the edge and as mentioned by Kronos (review) he was more concerned about the money than his being wounded. That is exactly what I wanted to show is Heath doesn't care much for himself now that he lost his mother and thinks he has nothing to lose. He is a child of none._**

 ** _Chapter Eight_**

 ** _Present….._**

Jarrod Barkley rubbed his hand down the front of his beard. He was finally getting used to the hair on his face. He could handle the beard as long as it was neatly trimmed and cut close to his face. His hair was another thing. He had to admit that his long hair made him look very different from the Jarrod Barkley he once was. Heath had suggested Jarrod's new look. The pony tail at the back of his head caused Jarrod to feel uncivilized. However, Jarrod guessed no one would take him for a lawyer with his long hair not to mention the plain clothing. He wore faded jeans and a dark brown shirt with a light tan cow hide vest. All the clothing was well worn and faded. Jarrod didn't know how Heath wore such tight pants because he hated the tight jeans. At least he had lost a few pounds so they weren't quite as tight as they first were. Jarrod had to admit, he probably wouldn't be recognized by his own mother at this point. He had to give credit to his younger brother. The boy knew how to fit in and how to survive.

Jarrod glanced over to see his younger brother in the corner of the room. It didn't surprise him to see a gorgeous saloon girl straddling Heath's lap. She was a former acquaintance of Heath's. The girl was more than eager to get reaquainted with the blonde.

Jarrod chuckled at his little brother's prowess with woman. _Nick would be so proud_. His heart ached at the thoughts of his family. They thought he was dead. Truth was that Jarrod Barkey was dead. The less the family knew of his new existence the better for them.

Jarrod drew in a deep breath trying to think of now and not the past. Still, he thought of Nick again. Nick would also appreciate the looks of the girl. She was Mexican or at least half Mexican. Her large doe like eyes accentuated the small delicate features of her face. Her olive skin was not marred by age but was soft. Her hair was the deepest chocolate brown Jarrod have ever seen. She rivaled most any female in looks. Heath had found him a rare jewel in her. But not as rare as the girl who Heath was pushing away. He wished he could pull Pappy mode on Heath to make his younger brother see what was right in front of him.

Coming back from his thoughts for Heath's happiness, Jarrod glanced at his brother with the saloon girl once more. Jarrod figured Heath appreciated the girl's beauty but woud stay away from giving her his heart. Jarrod wasn't sure if the blonde gunfighter would ever allow anyone too deeply in his heart. That included himself.

He wondered if Heath even realized he was there because the blonde looked to be into the intense kissing. When Heath and the girl finally came up for air, Heath's slight nod allowed Jarrod to know he acknowledged his presence. In the short months the two had spent together, they had formed a strange bond of reading one another's actions and thoughts. Heath knew Jarrod and everything about him. Jarrod knew Heath more than Heath realized.

Take the saloon girls for instance, although Heath was always one to entertain the ladies, it was due to deeper reasons than Heath may not even realize himself. Jarrod came to this little trinket of knowledge one night while the two were sharing a camp fire. One of the few times Heath shared a part of himself with his older brother. Heath admitted in his low drawl that his mama loved him. However, he wondered if she really wanted him. Because he was sure she would've been married and had a lot more children if it weren't for raising him. Her bastard.

Therefore, Jarrod watched and listened after that. He realized the females were Heath's own way of feeling wanted. Jarrod had heard enough from others about Heath Thomson before the Barkleys turned him away. He wasn't a gunfighter or a womanizer then. He was a young man looking for a family. That was all Heath desired was to feel wanted by someone. Jarrod supposed he gave that to Heath a little now. Because Jarrod knew that the one thing in his life was good right now. That was having Heath as a brother. A cherished brother.

"Hello, Mr. Thomson." The woman, who kept the girls in line as well as the men who frequented her bar, addressed Jarrod. She was a gorgeous woman with strawberry blonde hair. She spoke with a tone that allowed Jarrod to know she respected him. "Can I get you anything?"

"You wouldn't happen to have a fine brandy back behind that bar. Would you, Barb?" Jarrod's eyes twinkled with nostalgia. It had been a while since he partook of anything that wasn't whiskey or beer.

"Can't say that I do, Thomas." Barb grinned as she poured Jarrod a shot of whiskey. "I'll give you the best whiskey I have in the house. It will cost you though. That brother of yours cuts into my profits every time he comes in here. The girls don't charge him. Boy is too pretty to be a ruffian as he is."

"Well, Miss Barbara, I can't control him. He's his own man. Besides, not his fault the girls take a liking to him." Jarrod winked as he took a sip of his whiskey.

"Like #%$ it ain't. He's a charmer just like his older brother." Barbara leaned on the bar watching over her customers. She had gotten herself away from ruthless men long ago. She bought her own bar where her girls were safe and could choose how to make a living and with whom. Barbara appreciated the gentleman and charmer the handsome man before her was. "I like you both, Thomas. I do. But that young fellow has a death wish or something. He was playing poker with a known gunman and a cheat."

"Just in case you haven't noticed, Barb, Heath doesn't have on twin holsters because he needs balance in his life. He can handle himself a lot better than I can." Jarrod tipped his hat as Barbara topped off his drink.

Jarrod felt a little apprehensive knowing Heath had been paid by some other gambler to rid the world of Spider Martinson. The man was a gun for hire and a gambler, who cheated. However, no one would challenge the man due to him pulling a gun on them if they did. Jarrod feared someday Heath would meet his match. He couldn't stand the thought of losing his beloved brother now that he had him.

Jarrod also had insight now to why Heath wanted to be in the profession he was in. The two gunmen ,who killed Leah Thomson, were bound to someday surface so Heath could get justice for his mother's murder. At one time, Jarrod Barkley wouldn't call Heath's ways of handling things justice. However, things changed. Thomas Thomson was very familiar to Heath's justice. Jarrod only wished that they would have welcomed Heath in the family so many months ago. Both their lives would be far different than they were now. Jarrod only wished that they would have welcomed Heath in the family so many months ago. Both their lives would be far different than they were now.

Heath would be Heath Barkley instead of Jarrod being Thomas Thomson.

"You still worry for him, Thomas. I can see it in your eyes. That young man may be used to surviving on his own." Barbara nodded to Heath. "But that doesn't stop you from loving your brother and worrying for him. I don't care to know what you two are up to. However, I can see you want to protect him more than that boy can fathom. He's got a rough exterior but something tells me that you'd be able to break through that. These girls don't love him. Heath don't love them either. These girls like feeling special. He does that for them. His great looks don't hurt either. But that boy looks to you for something he needs. I can see it in his eyes when he looks to you. I don't figure either one of you can make it in this world without each other. Keep that in mind when you and Heath do whatever it is your doing."

"Miss Barbara , I thank you for your words of wisdom. Heath means more to me than my own life right now. I guarantee that." Jarrod watched as Barbara nodded her understanding. She knew that Thomas Thomson would do whatever it took protect his little brother even at the risk of his own life.

Jarrod looked up when he heard the sweet plead from the saloon girl on Heath's lap. "Please, Heath. I miss you. Can't you stay with me all night? Your brother is old enough to take care of himself. He's older than you are."

Heath leaned over to kiss the girl passionately before reluctantly pulling away from her. "Can't tonight, Lupe. Glad I got to see you again though. It's been awhile. Besides, I spent last night with you." Heath had to pry Lupe's arms from around his neck. "Maybe tomorrow night."

Lupe pouted but agreed as she traced her fingers down the front of Heath's shirt. "I hope so, Heath. I miss you more than you know."

Barbara summoned Lupe over to help deliver some drinks to the other tables. She figured the Thomson brothers needed to take care of business. Thomas Thomson had been working his way into the big poker game coming up. Of course, Heath would be Thomas's partner at the game. Thomas was the money or investor so to speak.

Those two were a strange combination. Thomas may look like your everyday cowhand or drifter, but his sophistication and gentlemanly ways told her different. Heath was another story altogether. He was the sweetest gunfighter to grace the land as far as Barbara could tell. He was probably the most handsome gunfighter too. That was one thing Barbara had to say the Thomson brothers had in common, their good looks. Even if they didn't look like one another, they were both downright gorgeous.

She preferred the suave good looks of Thomas. Still most of the ladies seemed to think Heath was about as good looking as they came. Both of them could have their picks of the females. Heath seemed to pick out his fair share. Thomas seemed to stay away from the females. Barbara liked that fact. She knew she was starting to have feelings for the dark haired man. She also knew now was not the time to let those feeling show **.**

Barbara knew the look of grief on someone's face. She had surmised that Thomas had lost a wife somehow. She saw the golden band the man still sported on his ring finger. He was in mourning for his wife that much was obvious. But there was still something about Thomas that didn't quite fit in his brother Heath's world. Something that told her the brothers lived two very different lives from each other at one time.

"Well. Did you get me in?" Heath swigged back Jarrod's whiskey.

"Help yourself, brother Heath." Jarrod stated sarcastically.

"Quit being a smart ### and answer my #### question." Heath leaned his elbows on the bar. "Besides, I gave you all the money I had so you could look like the rich fella here."

"That you did." Jarrod grinned as he studied his younger brother. "I got you in. Heath, we can make money some other way."

"This is how I make a living, Thomas." Heath let Jarrod know he was no longer a Barkley if he wanted to survive in this world. His world. "It is how we survive now. I'm taking care of you all right. Ain't I?"

"Yes, little brother. You are." Jarrod sighed as he looked down at his smooth hands. "But I should be the one taking care of you. You're my little brother."

"Too late for that." Heath saw the sadness overshadow Jarrod's face. He regretted saying that to Jarrod. "Besides, big brother, you are taking care of me. We're a team now. We're taking care of each other. Ain't that what brothers do?"

"It is indeed, brother Heath." Jarrod grabbed the back of Heath's neck and squeezed. "It is indeed."


	10. Chapter 10

**_Note: I'm mixing in characters from BV but not in order they appeared in series._**

 ** _Chapter Ten_**

 ** _Past….._**

The dusty trail was something Heath could do without. He didn't even know why he kept tabs on the Barkley ranch as he was doing. He had kept the first half of the money Victoria Barkley paid him to protect Nick. However, he still hadn't gone to pick up the other half of his pay. Heath had to admit that it didn't feel right taking money to protect his own brother. Even if that brother had denied his claim of being Tom Barkley's son.

Heath enjoyed the small arguments that he and Nick had been going at back and forth since regal lady had hired him. The strange tit for tat between them was a way of getting to know the loudmouth more. Heath could imagine, if given different circumstances, Nick and he would be best of brothers and closest of friends. That wasn't to be though.

Heath had heard throughout Stockton of fancy talker getting married. He wondered if he ever met the wife of Jarrod Barkley what he would deem the nickname for his new family member. He supposed she would have to be something special to have captured the lawyer's heart. He'd have to think on that name a while.

As far as the family member who Heath was spending some time getting to know, that would be Audra. Heath couldn't refuse her invitations to picnic lunches and riding across the Barkley ranch. Of course, he tried to make excuses that he was only trying to keep Nick safe as his part of the bargain. However, Heath knew he enjoyed spending time with the angelic treasure that was Audra Barkley. Right when Heath thought his heart was as cold and black as death itself, Audra seemed to melt the ice he had built around it. He treasured her more than she would ever know and more than he would ever let on.

Heath cursed his bad luck when he saw one of the ranch hands counting cattle. Audra had informed him in town yesterday that Nick and Eugene were going on a cattle drive near San Francisco. They would be taking most of the hands with them. Beth and Jarrod had went to San Francisco so Jarrod could do business in his office there. The ranch was being watched by a few hands. The bad luck wasn't the ranch hand but the rawhiders getting ready to take aim at the unaware ranchhand.

Before the scraggly looking man fired the shot, Heath had his two guns pulled and took down the rawhider. He heard the other man yell "Pinto!". Then the man idiotically tried to shoot Heath. Heath took the other man out before his rifle was raised even a few inches. Stupid does as stupid sees it seems when the third rawhider drew on Heath too. Heath cursed out loud when he felt his stitches rip on his side when he shot the third person.

Heath rode up to the startled ranchhand. The man, who was probably the age of Nick, seemed shocked and shaking.

"Thank you, Mr. Thomson, for saving my life." The ranchhand swallowed. He had heard of the gunman around town. The ranchhand had returned after a few of his friends were killed in Mexico while with General Wallent. Nick was kind enough to give the man a second chance after he begged for forgiveness. "My name is Barrett. I sure do appreciate it."

"Can you get some hands to bury these bodies?" Heath knew he wasn't able to. He could already feel the seepage from his side. "I'm going to check if there are any more of these rawhiders around."

Barrett agreed to get some help to bury the men as Heath rode off. Barrett was more than happy to do as the gunman said. After all, he saved his life.

Heath tracked the direction the three rawhiders came from. He spotted an old man, an old woman, and a young female. Heath noticed that they were all in need of a bath. He also noticed the girl was beyond beautiful despite her dirty appearance.

"Good evenin'." Heath dismounted. "Are ya missin' any body?"

"Why do you ask?" The girl said with a thick country accent. "Because we are missing three fellas. They were with Daddy Cade."

Heath swallowed hating the fact he had to tell this girl that he had killed her father. "The one called Pinto took aim at a Barkley ranch hand. I had to shoot him." Heath took off his hat and wiped his brow. "The other two pulled on me too. I'm sorry but I make a livin' with my gun. It was might ignorant of them to do."

The girl backed up against a tree and slid down it. She stared down at her hands when her bottom hit the ground. The other two began packing up their things as if them that three of their friends or family were now dead.

Heath walked over to the girl, who had her knees encircled by her arms. "Are you okay, Miss? I'm sorry for what I had to do. If your daddy hadn't pulled his gun on me…."

The girl looked up at Heath. Her large blue eyes shined with moisture. "My name is Allie Kay. He weren't my daddy. He and his wife found me when I was young. My family was attacked by Indians. They was all killed but me. No matter. It was his wife that treated me like family and took care of me. She died near about three months ago. I don't cry for those three. They had it comin' for a long time." She glanced over at the older couple readying to leave. "I can't go with them. As bad as it sounds, I'm not cryin' for those three that you killed. I just don't know where to go now."

Heath felt himself getting slightly dizzy due to the wound on his side. He sat down beside the girl. "My name is Heath. Allie Kay, I'm sure the owners of this ranch can find a place for you."

Allie glanced towards Heath. She noticed his side bleeding. "I can fix that up for ya. I'm a healer."

Heath grinned lopsidedly. "That would be a might nice gesture from you."

As Allie mixed some herbs to put on Heath's wound, the older couple threw what little Allie Kay had on the ground before leaving her to fend for herself. Allie boiled some horsehair to sew up the stitches that busted loose on Heath. She then put some of her herb mixture on the wound. She tore some dingy looking cloth to wrap Heath's wound with.

"Thanks, Allie Kay. I owe you one." Heath started to stand up but was stopped by Allie tugging on his arm.

"Can't I just go with you, Mr. Heath? I won't be no trouble. I can patch you up when you need patching. I don't want no rich folk looking down their noses at me. Don't tell me they won't because I've been looked down on by folks all my life." Allie fiddled with her fingers nervously. "You can keep me long enough to help me know how to act with folks. Please, Mr. Heath."

"I'm Heath. No Mister. Allie, I am a gunfighter. I don't know what I'd do with a female taggin' along." Heath tried to explain. He felt guilt override his logic when he saw her lip quivering. He knew what it was like to be looked down on. He figured he could help her somehow to gain more confidence. Maybe he would buy her a bath at the hotel with the money he had won gambling. "Alright but just until I find you a place to fit in. I don't guess hangin' around with a gunfighter can be much worse than living with a murderous pack of rawhiders."

Allie threw herself on top of Heath. Her arms encircled his neck. "Oh thank you, Mr. Heath. I mean Heath."

Heath felt his heartbeat pick up. He swallowed feeling a sudden nervousness in his stomach. He had never experienced a nervous stomach around a female before. He had plenty of females bodies pressed up against his. Females a lot cleaner and with a lot less clothing. He decided it was just where he had lost some blood making him queasy. That's all that made sense to him.

Heath disentangled Allie's arms from around his neck. "You're gonna bust open the stitches you just mended." He teased before adding. "How about we get back to the hotel and let you get a bath and some rest?"

"I can hit the crick." Allie said then her eyes went round in awe. "You mean you're gonna let me sleep in a bed! A real bed and not out on the ground?"

"Sure." Heath rubbed his neck. "We'll have to share a room but we can claim your my sister or something so your reputation won't ruin. There are two beds in my room."

"Heath, I ain't worried about that. I've been traveling all my life with these folks. I wasn't related or married to any of them. Do we have to lie to other folks about us? Can't we just not say nothin' and let them think what they want? I'm tired of the lyin'. Daddy Cade lied about a lot of things." Allie pleaded.

"Sure, Allie." Heath helped her up.. "Come on. Let's get to town. You don't need to hit the creek. I can afford you a good warm bath. I'm going to get one myself. Then we can go out to dinner."

He mounted his horse Charger then pulled Allie up behind him. When her arms encircled his waist, Heath felt that funny feeling again. He was sure he must have lost more blood than he realized when his wound opened up.


	11. Chapter 11

**Interesting NOTE: Kind of fits with my story a little if you realize that this is the tally for the people killed by the Barkleys. Nick shot a few more but he didn't kill he aimed to wound. If I've missed anything, please feel free to add. These kills were in self defense but still aimed for a kill..…..**

 **Broken down by episode then Season to reach total.**

 **Season ONE**

 **Victoria-My Son, My Son-1 man, The Invaders-1 man**

 **Audra- The Invaders-1 man (same one as Victoria), Death Merchant-1 man**

 **Jarrod-Odyssey of Jubal Tanner-1 man , Barbary Red-3 men, Hazard-1 (all three brothers killed same man) Tunnel of Gold-2 men**

 **Nick- Hazard-1 (all three brothers killed same man)**

 **Heath - Forty Rifles- 1 man, Boots with my Father's name 1 man, Heritage-1 man, The Invaders-2 men, Hazard-1 (all three brothers killed same man)**

 **(NOT counting Palms of Glory because there is no clear way of telling who killed who at Semple's farm)**

 ** _Season 1 Totals: Victoria -2 men_**

 ** _Audra- 1 man_**

 ** _Nick- 1 man_**

 ** _Jarrod-7 men!_**

 ** _Heath- 6 men (killed in more episodes but less men than Jarrod)_**

 ** _Season Two_**

 ** _Victoria-Day of Terror-1_**

 ** _Audra_**

 ** _Jarrod-Legend of a General-2, Last Stage to Salt Flats-1, Day of Terror-1, Boy Into Man-1, Showdown in Limbo-1_**

 ** _Nick- Legend of a General-1, Velvet Trap-2, Target-1 (Not sure if that should count as it was a shot in the leg but an explosion happened so eh), Showdown in Limbo-1,_**

 ** _Heath-Lost Treasure-2, Legend of a General-3, Last Stage to Salt Flats-1, Plunder-2, Turn of a Card-1, Showdown in Limbo-4_**

 ** _Season 2 Totals_**

 ** _Victoria-1_**

 ** _Audra-0_**

 ** _Jarrod-6_**

 ** _Nick-5_**

 ** _Heath-13_**

 ** _Season 3_**

 ** _Victoria_**

 ** _Audra_**

 ** _Jarrod-Time After MIdnight-1(blind Jarrod at that), Ladykiller (I'm giving Jarrod and Heath 1 each as it looked like they both were about equal here) Four Days To Furnace Hill-1_**

 ** _Nick-Joaquin-4, Guilty-1, Shadow of a Giant-1_**

 ** _Heath-Joaquin-1, Night in a Small Town-1, Ladykiller (I'm giving Jarrod and Heath 1 each as it looked like they both were about equal here) Four Days to Furnace Hill-1, Night of the Executioner-2, Shadow of a Giant-1, Devil's Masquerade-2_**

 **Season Three Totals**

 **Victoria-0**

 **Audra-0**

 **Jarrod-3**

 **Nick-6**

 **Heath-8**

 **Season Four**

 **Victoria-A Long Ride-2, Danger Road-2**

 **Audra**

 **Jarrod-Alias Nellie Handley-1, Point and Counterpoint-2**

 **Nick-A Stranger Everywhere-1, Hunter's Moon-1, The Other Face of Justice-2**

 **Heath- They Called her Delilah-1, The Profit and The Lost-2 ( I counted Rance Kendall's son as it is part of the episode even not seen ) The Prize-1, 25 Graves of Midas-1, The Other Face of Justice-2, Town of No Exit-1**

 **Total For Season Four**

 **Victoria-4**

 **Audra-0**

 **Jarrod-3**

 **Nick-4**

 **Heath-8**

 **Total for Series**

 **Victoria-7**

 **Audra-1**

 **Jarrod-19**

 **Nick-16**

 **Heath-35**

 **I think that makes Heath the killer of the family even if it was always self defense. I was surprised at the total after I counted each episode. So Jarrod comes in second as far as his use of the gun or knife. Nick wounded more but he didn't kill more. I didn't count the wounded or Heath's would have been higher as well and so would Jarrod's**

 ** _Chapter Ten_**

 ** _Past...…_**

Jarrod Barkley had been busy being a husband for the last couple of months. He was very content in the knowledge his brother, Nick, was safe. Heath had a reputation with a gun now that would keep most gunfighters at bay. The blonde was notorious for his deadly use of the twin guns that hung on his hips.

There was still the trouble with Bentell's murder. Jarrod was sure Heath was the murderer. Jarrod's sense of justice made him want to prove it in a courtroom. However, part of Jarrod was reminded that Heath was his younger brother. A brother he didn't know but a brother with the same Barkley blood running through his veins.

Beth walking into the room caused him to put those thoughts aside. He'd worry about Heath and Bentell later. Beth's smile was contagious. She looked absolutely radiant.

"Well?" Jarrod reached for Beth's hand. "I've waited all day for you to come home. Please don't make me wait longer."

"Yes. I'm going to have a baby. Our baby, Jarrod." Beth ran to Jarrod's awaiting arms. "I'm going to be a mother! You're going to be a father, Pappy." Beth teased with his name called to him by his siblings. "Parents!"

Jarrod picked up his lovely wife. He spun her around once but decided to stop at that. He didn't want to make her queasy. He was elated. The worry about Heath, Bentell, Rance Kendall, and Barkley business losses were not a priority. His lovely wife and his child were.

Jarrod placed his giggling wife back to her feet. "When should we tell the family?"

Beth was excited but knew Audra's nineteenth birthday was coming up. "Let's wait until after Audra's party next week. I don't want to take away from that."

"Fine." Jarrod pulled Beth to him to embrace her. "The house is going to be built soon. However, sweetheart, did the doctor say anything about…" Jarrod's face reddened slightly. "...relations with you. Is it dangerous to our child?"

"Well no it is not, Mr. Barkley." Beth wrapped her arms around Jarrod's neck. "Did you have in mind a private celebration?"

Jarrod caught Beth off guard by sweeping her up in his strong arms. He kissed her fervently as he made his way to their bed. Making love to his wife, Jarrod was gentle due to the child she carried in her womb. His child. Their child.

bbbbbbbbbbbbbbb

The day of Audra's birthday celebration had finally come. She had invited Heath but he respectfully declined. His presence would definitely put a damper on the festivities. No one knew of his parentage with the exception of Dr. Merar. That was only a guess on the good doctor's part.

Heath had headed away from Stockton once he felt sure Nick was safe. He took Allie Kay with him as promised her. Yet, he took her to stay with Hannah and Rachel in Strawberry. They could use the young female's help and he could use not getting mixed up with her more than he was.

Heath had decided to invest in some horses to keep money coming in. Heath knew if a gun needed for hire was to come up, someone was bound to let him know. For the time being, Heath would do what he loved best and tame horses for an army contract.

Audra was excited about her party as any nineteen year old girl would be. She was getting a lot of attention from all the available bachelors in and around Stockton. That included a former childhood playmate named Evan Miles. He wasn't a good looking man but he was Audra's age. Evan being grown up now caused Audra to show that she too was an adult. Therefore, she enticed him into a kiss in the privacy of her mother's garden.

Unbeknownst to Audra, Evan Miles had mental issues that caused him to be physically violent. Therefore, when Audra tried to stop his unwanted advances, he tried to force her into submission to his desires. Audra's scream went unheard. There was no one to rescue her from the vile being that Evan had became.

Evan ripped off her clothes and pushed her to the floor of the gazebo. He smacked her over and over as she lay there powerless to his assault. Audra screamed again causing Evan to become furious. He slapped her harshly across the face before his mouth sought out her mouth again. Audra kicked and screamed in fright but was no match for the more powerful male. Audra knew she was about to be raped when Evan ripped off the rest of her clothing. His hands assaulted her body.

"Please." Audra begged weakly. The blood from her lip dripped down to her chin. "Don't do this, Evan."

Evan grinned wickedly as he began to unbutton his trousers. "You don't have to act, Audra. I know you want me. I can see it in your eyes."

With another harsh blow across Audra's already bruised face, Evan laughed as Audra went unconscious. He touched her lips with his finger. He liked the feeling of her blood moistening his skin.

His actions stopped when he heard Victoria Barkley yelling for Audra. The young girl had regained consciousness. Audra tried to call for her mother but was too weak from Evan's beating.

Evan leaned and whispered in Audra's ear. "You tell anyone who did this, I'll kill your mother first. Then each of your brothers. I will have you, Audra. Not tonight but I will have you soon."

With those words left to taunt Audra, Evan discreetly returned to the party. He made sure to straighten himself out as he entered from another direction.

Victoria's eerie scream could be heard from the party. Nick, Jarrod, and Eugene rushed to the sound of their mother's voice. They had all been searching for Audra upon their mother's request. Therefore they had heard Victoria when they had not heard Audra earlier. When they found Victoria, she was clutching her battered and bruised daughter to her chest.

"Who did this to you, sweetie?" Jarrod bent down as he placed his jacket over his barely dressed sister.

"I don't know." Audra whimpered fearing for her family's life if she told the truth.


	12. Chapter 12

**_Chapter Twelve_**

 ** _Past….._**

Heath inhaled deeply as he road his horse, Charger, over the Barkley land. He led his beloved horse, Gal, behind him. The past few months, he had used some of the money Victoria Barkley had given him to win a few hands of poker in a few saloons along the way. Then he headed to Strawberry to check on the three women he had left there. Heath was pleased that Rachel and Hannah enjoyed Allie Kay. They seemed to take right to her as she did them.

In Strawberry, he faced another blow to his young life. Hannah and Rachel both had some type sickness. It seems those left in Strawberry were all facing some type of influenza epidemic. Allie Kay was young and healthy and seemed to fight off the sickness as she took care of the elderly women.

Heath spending the last couple of weeks with the women meant a lot to them all. Allie Kay seemed to thriving as she nursed the elderly women. It seems she had became part of their little family. Allie Kay also loved waiting on Heath while he was there. He told her that she didn't have to but he realized the girl was thankful for her new home. To Allie, the small cabin was like a castle. That made realize that no matter how little he had growing up, some people had less.

Heath tried to ignore the nervousness he felt when around the girl. It made no sense to him. After all, he had his fair share of saloon girls. Allie Kay and his relationship was nothing of the physically nature. Therefore, he chalked it up to not having any young female friends but his sister Audra. Basically, Heath was sure he didn't know how to interact with a female his age unless she was related to him or he was being intimate with her.

Rachel had saved up a lot of the money he had sent her over the last few months. She never asked Heath how he earned the money. She didn't want to know. She used what she had to for her, Hannah and Allie Kay, as well as Heath's horse, but placed the rest in an old can on the mantle. No one would think of the two elderly women having hidden money. Heath sent more of his money to them than he kept for himself. Therefore, there was more than he expected saved in the old tin can.

A few days before Heath decided to leave, both elderly ladies took a turn for the worse. He knew Allie Kay would be too busy to give Gal the attention the mare needed. The horse loved to be coddled and exercised. Therefore, he bought the women a horse that could pull a wagon if needed but didn't care to be in a pasture most of the time.

Matt Simmons died with his sickness. The drinking probably causing his old body weakness. Martha Simmons left town weeks before the influenza epidemic hit. She met some man and left with him. Heath knew he couldn't leave Allie Kay alone in the dying town if Hannah and Rachel died. He'd have to figure out what to do with her later. He figured at this point, Allie would be grieving almost as much as he was over the losses of Hannah and Rachel. Heath didn't want to think about that if he didn't have to. He barely got by taking care of himself. He didn't want to worry about Allie Kay at the moment.

Heath dismounted from Charger before tying both horses to a hitching rail near the corral. Nick was standing near when Heath approached. Nick didn't know why but he got a jittery excitement when he saw Heath. An excitement like he was seeing a part of his own soul. He longed for the man to stay around but Heath's trade wasn't something Victoria Barkley would allow in her home. Nick wished he knew how to approach the man. His brother.

Eugene glanced up as he came in from the South pasture. He hated having to put his education on hiatus to help Nick with the ranch. However, it was a thing that needed done. Besides, Jarrod was showing Eugene some of the other business aspects of the Barkley Empire. None of it was what Eugene wanted but he had no choice if he wanted his father's legacy to continue. He couldn't let the family down to pursue his own dreams.

"Come to collect the rest of your money?" Nick placed his hands on his hips as he addressed Heath.

"Come to ask a favor." Heath patted Gal on her neck. He handed Nick an envelope.

Nick opened it. He frowned. "This is the first half of the money mother paid you to protect me."

"I know how that rubs you raw, killin' Hickson and all." Heath pushed back his hat from his head slightly. "It is the money but there is a reason."

"Such as?" Nick ignored the jab at his angry pride as he questioned Heath.

"The two woman, who helped my Mama raise me, they're mighty sick. They were taking care of Gal here. I can't travel with two horses and Charger is the stronger of the two. She's a loyal horse. I was wondering if ya'll could put her to pasture for me." Heath scratched his head. He had not only purchased Allie Kay a horse when he left Strawberry. Gal didn't seem to like Allie Kay. Allie claimed the horse didn't like her because Gal wanted Heath all to herself without Allie around. Heath laughed it off as Allie was just nervous around his little mare.

"The money your Ma owes me plus this can pay for her keep for quite a while."

Eugene walked up. He started to pat Gal's neck as well but the horse started to nip at him. "She bites."

"Stop, Gal." Heath stated nonchalantly. "You can pet her now as long as I told her so."

Eugene cautiously reached over to pat the horse again. This time, Gal allowed him to do so.

"Now, how are we supposed to exercise her if she don't let anyone near her but you?" Nick chuckled lightly. "Unless you plan on staying around?"

"No." Heath wasn't sure but he thought her heard something in Nick's voice like he hoped that was the case. "I've got things to take care of. But I'll let her know who can take care of her. Where's Audra?"

"Why do you want to know?" Nick suddenly became protective of his little sister.

Heath ignored his older brother's tone. "I have something I picked up for her birthday. She's my little sister and the only family I got left. I just wanted to let her know I didn't forget."

Eugene glanced at Nick worriedly. Nick raked his hand over the back of his neck. Both brothers noted that Heath didn't refer to them as family. "Her birthday was five days ago."

"I know." Heath acknowledged Nick's words. "I remembered and all but I was tied up with burying some folks in Strawberry. I just don't want her to think I forgot."

"It's not that, Heath." Eugene started speaking.

"It's not his business, Eugene!" Nick growled out.

"What's going on? IF it concerns Audra, I'll make it my business." Heath stepped up closer to Eugene. "Tell me."

Eugene glanced at Nick again. Nick shook his head no but Eugene chose to ignore him. "Audra was attacked on her birthday. She hasn't left the house since. She doesn't even ride her horse anymore. Audra is too frightened because no one knows who did it to her."

Heath's face paled at the news. He stuttered slightly as he asked. "Did ...did thhhe person rape her?"

Nick remembered reading in the file what happened to Heath's mother. He felt sorry for his little brother. Therefore he added. "No. We think whoever it was heard us calling for Audra. The man escaped. He had knocked her unconscious so she didn't see him. She got beat pretty bad though. We've looked everywhere. Personally, the man is dead when we find him!"

"I have to see her." Heath said determined.

Nick reached to clasp his shoulder to stop him. Eugene grabbed Nick's arm. Heath hurriedly went into the house.

"Let him go, Nick. He has a right to see his little sister. Maybe he can help her someway where we can't. Mother told us how much Audra already adores Heath. She told us they seem to have some sort of unexplainable connection." Eugene sighed after he spoke. He certainly didn't want to cause Nick's temper to flare up against him. However, he knew Heath was concerned for Audra. She was the only one to treat Heath decent of all his siblings when he first came.

"Maybe you're right. I hope so. Audra needs someone." Nick walked up to pat the Modoc pony. Gal nipped his hand. "Blasted horse."

Eugene laughed as he patted the mare. "Heath didn't give you permission."

Nick rolled his eyes as he nodded to the horse. "Well, you get her settled for pasture since she seems to be alright with you now. I'll take care of this horse of his. Now you talk about a beauty." Nick stated a ps he admired Charger.

Heath wasn't a person that usually left his horses unattended and saddled up. However, hearing the news of Audra caused him to want to rush to her. Heath knew the horses would be in good hands with his brothers. They may not think much of him but he was sure they took good care of the animals.

"Audra?" Heath was shown into the parlor by Silas. He saw Audra sitting on the settee staring off in space.

"Heath." Audra whispered as she stared up at him. His heart broke when he saw her bruised face.

Heath sat down beside her. Without thinking, he grabbed his sister in an embrace. Audra broke down crying in his arms. She hadn't released her emotions since the attack.

Victoria heard Audra's sobbing. She rushed to the parlor only to stop at the sight of Heath holding his sister. Audra hadn't even let Victoria comfort her. It melted her heart seeing the exchange between the siblings, who looked so much alike.

"Come help me in the kitchen, Mrs. Barkley." Silas touched Victoria's shoulder as he whispered. "Mr. Heath will take care of her. They need each other."

Victoria nodded in agreement as she followed Silas to the kitchen.

Heath allowed Audra to sob against his chest as he continued to hold her. He hadn't realized his own tears were making a path down his cheeks. The memories of his mama were too close to control his usually calm emotions. He didn't speak for the longest time until Audra did.

"Evan Miles did this to me." Audra whimpered. "He threatened the family if I told anyone. He said he'd come back and finish the job."

Heath understood perfectly what Audra wanted. "I'll take care of it, Sis. Don't you worry none. Big brother will protect you."

"I know." Audra leaned back from Heath's arms. "I know you will. I've been waiting for you to come so I could tell you. You won't let him hurt me or them. I know you won't."

"I promise." Heath wiped the tears from Audra's face before reaching into his jacket pocket.

He never spoke a word as he laid his gift on her lap. Then he left Audra sitting there as he made his way out the door.

Victoria came back into the room when she heard music playing. She sat down beside her daughter. Audra was staring at a small wooden music box. It played soft music as Audra's fingers traced the delicate carvings on the wood.

"That's lovely." Victoria stared at the unique music box.

Audra barely smiled as tears ran down her cheeks. "I knew Heath wouldn't forget my birthday."


	13. Chapter 13

**_Chapter Thirteen_**

Nick patted Jarrod on the back. "Come on. Let's celebrate."

"Celebrate what?" Jarrod raised his eyebrow questioningly.

"I have no idea but that grin you're wearing on your face tells me there is some reason to celebrate." Nick laughed boisterously before pulling Jarrod towards one of the local saloons.

Harry's saloon wasn't known for a lot of saloon girls. Just a few of the prettiest girls in town were allowed as saloon girls at Harry's. Harry wanted married and single men to enjoy his establishment. The men wanting nothing but fun time with female entertainment could go elsewhere. That would be Big Annie's place. Therefore, Jarrod being a married man, Nick knew that he'd not go to Big Annie's to celebrate for whatever the reason Jarrod seemed to be in a good mood.

Audra seemed to be in much better spirits since Heath had come to visit. Beth and Jarrod discussed telling the family the news of the baby. They decided to do it in a more relaxed atmosphere due to the way Audra had been acting. Her emotions were all over the place. Therefore, Beth was having a private luncheon with Victoria and Audra. There she would tell the women of the news while Jarrod was to tell his brothers.

Nick glanced up to see Eugene dismounting the black Modoc of Heath's. The boy had really taken to the horse. Heath had seen Eugene riding it into town more than they realized. It caused Heath to smile knowing that Eugene seemed to love the little gal as much as he did.

The three brothers made their way into the bar. Jarrod tossed a coin on the counter to Harry. "A bottle and three glasses, Harry."

The three men settled down to one of the empty tables. Jarrod didn't allow the bottle to be opened before he blurted out joyfully. "Beth and I are expecting a baby!"

Nick let out a loud yahoo. Eugene grinned broadly. Then the bottle was opened and they raised a toast to the newest Barkley going to be added to their family. After the men settled down from the excitement of the news of the baby, they heard a commotion coming from the table behind them. Nick nodded his head towards the table alerting the brothers to listen to what was going on.

Evan Miles threw down his cards. "I'm telling you that you're cheating."

Heath grinned slyly. "Well, I reckon it does seem odd that everyone here at the table has been winning their fair share but you. But, boy, it takes a man to know how to play a good game of poker. Perhaps, you need to talk to your daddy more about what cards to bet on."

"I know how to play poker fine." Evan grimaced.

He knew better than to draw on the gunman. But this man was so obviously cheating against him. Everyone at the table knew it as well. It seemed Heath Thomson was keeping their winnings up enough to keep them from being angry.

"You're cheatin'. They ain't gonna say so because they ain't losing." Evan practically yelled out his accusation.

Heath leaned back in his chair. "Little fella, why don't you go home to your mommy and daddy and let us real men play cards?"

The muscle in Evan's jaw twitched and tightened. He threw down the money he owed angrily as he marched away from the table. Heath snarled as he watched the boy walk away. He wanted to beat the boy into a bloody pulp then watch his life's blood drain from him. However, he knew the way to get to the boy. He had figured that out by observing him. Heath would play it out just as he needed to make it a fair fight.

Jarrod noticed a saloon girl nod Heath's way. Heath flashed her a quick wink before she sauntered up to Evan. Jarrod swallowed hard hoping he was wrong in what he was seeing. He'd have to keep an eye out to see what the young brother of his was up to.

The saloon girl was twirling her fingers through Evan's hair as she sat on his lap. Evan smirked at her as he enjoyed her attention. Heath popped his neck before standing up from the card game.

"I'm finished, men." Heath tipped his hat to the players.

"Fine with us. Don't feel like losing any money to ya." An older man stated as he pocketed his earnings.

A younger man tried to whisper but failed. "He was cheatin', Pa. But he was cheatin' that one fella not us."

"Hush up, boy. Your ma is gonna be happy I have some extra cash this week. Don't ruin it." The old man tapped the younger man's cheek. "Let's go get some extra supplies now that we got the money. I might even buy your ma a new ribbon for her hair."

Nick frowned as he nudged Jarrod. "Something is up, big brother."

"Yeah. I see that." Jarrod placed his elbows on the table as all three brothers watched the scene unfold before them.

Heath walked straight to the saloon girl. He bent to whisper in her ear. The girl giggled then held up her thumb and her index fingers showing a space of about two inches.

Heath laughed as he stated."That's what I figure too."

Evan slapped the girl without warning. Nick jumped to his feet but was stopped by Heath's voice. Even though Heath wasn't even looking at him, he knew it would be Nick that came to the girl's rescue. The hit wasn't in his plan. Making Evan angry was.

"I got this, Nick. Enjoy your family celebration." Heath never took his eyes off of Evan. "The girl can't help it that she would rather have a real man for company than a boy. Of course, the likes of you probably have to beat your women into submission or unconscious before they let the likes of a little boy like you touch them."

Eugene whispered to Jarrod. "Shouldn't we do something? Heath is goading him."

"I can hear that, Eugene." Jarrod swallowed nervously. "Maybe Evan isn't stupid enough to take the bait."

Nick's eyes narrowed in on Evan. There was something in Heath's words that made Nick's blood boil but he wasn't sure if his suspicions were correct. Before anyone could react or interact, Heath threw out his last words.

"Come on, Sarah Jane." Heath took hold of the saloon girl's arm. "Let me show you what a real man can do. A lady such as yourself shouldn't have to deal with boys."

Evan's face turned a bright red when a few men in the saloon started laughing. He noticed Heath's right hand took a hold of the saloon girl. Evan jumped to his feet and pulled his gun. Heath's quickness astounded all around. Evan's eyes widened as he looked down at the whole in his gut. In a rage, Evan had forgot that Heath had two guns hanging on his hips.

Heath had already placed his gun back in his holster. Sarah Jane held tightly to Heath as she stared wide eyed at the dying Evan Miles. Heath touched the side of her face with his finger.

"Go on up stairs, Sarah Jane. Get yourself calmed down. You don't need to work tonight." Heath handed her some coins. "Just rest. Didn't think the coward would have the guts to strike a lady in the presence of folks."

Sarah Jane nodded in agreement. She kissed Heath on the cheek before she scurried up the stairs of the saloon.

Some people were gathered around Evan. He was shaking due to the pain that was wracking his body. One man had rushed to get the doctor while another went to get Evan's parents, who were at the general store getting a week's worth of supplies for their ranch.

The Miles made it into the saloon quickly to be near their son. Both of them looked in shock as the doctor checked over Evan. Dr. Merar shook his head alerting them there was nothing he could do.

Walley Miles jumped up and grabbed Heath by the collar. "Why did you shoot my boy? I was told you were begging him for a fight."

Heath pried Walley's fingers from his collar. The sheriff had made his way in the saloon as well. He cleared out most of the patrons so the family could be with their son. He didn't bother the Barkleys or Heath Thomson. For some reason, he allowed the Barkleys to stay in case the gunfighter needed Jarrod Barkley for a lawyer or to make sure all was right in the eyes of the law.

"Why don't you ask your son?" Heath stated menacingly before he looked up at the sheriff. "Plenty of witnesses, Sheriff. The boy drew on me first."

"Like that makes a difference. Everyone in town knows you're a killer with those guns." Walley was back beside his son. Jenny Miles was rubbing her son's forehead speaking a calming voice over him.

"Maybe you should ask your boy to make some deathbed confession to you, Ma'am." Heath's low drawl came out calmly.

He wasn't antagonizing the family. He wanted Evan to confess something. Nick glanced at Heath knowing there was something he was waiting on. This was no kill for hire. This was personal to the blonde gunfighter. Jarrod agreed with Nick's assumption as they watched Heath staring at the dying man. Heath could've killed him quickly but he was making sure the man lived and suffered. Lived long enough to make a confession.

"Tell me." Jenny's eyes filled with tears. "Why did you go gunning down my son?"

"No one hurts my sister, Ma'am. No one." Heath snarled in disgust at the young man taking his last breaths. "He's too big of a coward to even admit his wrongs. I knew you was just a boy hankerin' to be a man."

"Heath, that is enough?" Jarrod warned sharply. "Don't you think you've done enough damage to this family. For God's sake, you've...he's dying."

Heath slid his hand across his neck. "Yeah. Well, the way I see it better he die than hurt another female."

"He hit Sarah Jane but that's not worth dying over." Eugene spoke up trying to show bravado in front of his brothers. The Miles were close friends of the Barkleys.

Nick placed his hand on each of his brothers' shoulders. He whispered for only Jarrod and Eugene to hear. "Heath only has one sister. If Evan hurt her like I think, he deserves to die as far as I'm concerned."

No one would connect Heath meaning Audra but the Barkleys. Evan had been violent with many other females even killing one but it was deemed accidental due to Walley Evan paying someone off.

Evan clutched his mother's hand. In his last breath he whispered. "I'm sorry, Ma. I shouldn't hurt those girls but they didn't want me. Why didn't they want me, Ma? Audra didn't want me either. Why did she kiss me if she didn't want me?"

Then he gasped and wheezed before the light went out of his eyes.


	14. Chapter 14

**A/N Someone mentioned ratios of killing per episodes the Barkleys were in. I chose only brothers as the females had too few to bother with.**

 **Heath was in 98/112 episodes 26/98 of those episodes he killed in. That makes 27% of the episodes he was in, he killed someone. He killed 35 men out of 98 episodes he was in. Therefore, he killed 36% of the time if you do ratio of men or 27 % of the time if you to ratio of episodes he killed in.**

 **Nick was in 99/112 of episodes 13/99 of those episodes he killed in. That makes 13% the episodes he was in, he killed someone. He killed 17 men in the 99 episodes. Therefore, he killed 17% of the time if ratio of men or 13 % of the time if ratio per episodes he killed in. (I somehow forgot to count Nick in Night of the Wolf-1 man in my earlier data)**

 **Jarrod was in 98/112 of episodes. 15/98 of those episodes he killed in. That makes 15% of the episodes he was in, he killed someone. He killed 21 men in the 98 episodes. That means, he killed 21% of the time if ratio of men killed or 15 % of the time with ratio per episode that he killed in.**

 **Basically, Heath was still the killer of the family no matter how you slice it. I'm joking but it sure fits with my story a lot better seeing the actual ratios.**

 ** _Chapter 14_**

 ** _Past…..._**

Heath's hands were shaking again. He had made it to the hotel before he started the familiar shaking. _Blasted hands_. Heath still couldn't decide if the shaking was a blessing or a curse. He'd not dwell on that at the moment. His thoughts were on the boy that lay dead just across town. Death at his hands. _You'd think I'd be used to death by now._

Of course, he wasn't. The strange irony was that Heath hoped he never got used to the act of killing. He admitted to himself that killing came easier than it did when he was so young in the war. He figured it was because the men he killed now were aiming to kill him and were armed. Well, with the exception of Bentell. Then again, Bentell was an exception of killing all together. No matter what happened with that kill, Heath knew he'd be cleared of all charges. That was a guarantee.

Evan Miles was one sick man as far as Heath was concerned. The man died making excuses for his evil actions towards the females, who he had harmed. The man was trying to blame them for his own inadequacy and violence. Heath figured Evan Miles deserved the killing he got. However, Evan's ma and pa didn't deserve the pain of losing their son. That was one thing Heath hated when killing a man,who wasn't a gun for hire, the parents or relatives of that person suffered. Folks related to guns for hire were non existent or expecting news of their death. They all lumped together in Heath's mind. To him, each gunman was a child of none. Not Evan Miles. He belonged to someone and was loved by someone.

 _How could one be so evil when so much love was afforded him_? Heath couldn't imagine killing as he was if his mama was alive. Of course, the killing started because of the way in which his precious mama died. Heath shook his head as if he could get the blasted pictures placed back in the files of memories to be forgotten.

Heath used to have his mama's love to pull him back from the edge. But the edge was always so close even when she was alive. Leah had held on to the thread that kept Heath dangling with all her might. When his mama took her last breath, the thread snapped. No. That wasn't exactly the truth either. He still teetered precariously on the edge until the Barkley brothers denied his claim as a Barkley. That was the last piece of thread balancing him from falling over. He went over barely tumbling. Didn't hurt falling over the edge half as much as he expected it to. It hurt more being told he wasn't wanted.

Heath pulled off his gun belts and tossed them on the bed post. He supposed he would sleep fine tonight. He was exhausted from the game he had played trying to taunt Evan Miles. Heath wasn't sure if he was going to beat a confession out of the boy or if he aimed to kill him. _Whatever, what's done is done. No use second guessing myself now. Angelic treasure was safe now. That is all that mattered._

Harry, the bar owner, had gave him a bottle of whiskey. Not the good expensive kind that his brothers had been sharing. No. Harry wouldn't give that away. But the bitter rot gut type that burned your insides just enough to make you numb. Harry appreciated Heath treating the girls at the saloon like ladies. Sarah Jane had agreed to antagonize Evan for Heath. Harry knew Heath didn't want the girl to be hit. No female deserved to have a man's hands laid on her in violence as far as Harry and Heath were concerned. That was about all the two men had in common. But that was enough for a bottle of free rot gut whiskey.

Heath stared at the amber liquid sloshing in his shot glass. His shaking hands caused the little ripples of waves. Heath's mouth curled up into a small grin as he raised the glass slightly.

"To the newest Barkley. May you forever be a blessing to the family." His low drawl whispered into the nothingness of the room.

Heath had heard Jarrod's joyful proclamation. He knew why the three brothers were celebrating. Even if he wasn't invited to celebrate with them, Heath was still happy for Jarrod. A baby was a blessing to most folks. _Not like he was._ Heath figured he was more of a curse. At least most would agree to that thought. Jarrod's baby would be different. It would be a proud birth for the Barkley name not the shame that his birth brought to his mama or would bring to the Barkley family if the good townsfolk knew the truth of him.

Heath took a long swig of his whiskey. He almost coughed at the burning of the drink. Tasted more like rotted wood than alcohol. Didn't matter. It would cause him to sleep soon. Heath closed his eyes as he reclined against the headboard of the bed. His mind played the game he often played to get rid of the smell of Evan's blood.

 _Jarrod had on a gray suit with a matching string tie. His shirt was starched and proper. The house servant, Silas, must have made sure the white was as clean as it was the day it was bought. His boots were fancy low heeled boots that were jet black. The tips of his boots rounded and did not point like some boots. His hair was black and shiny. It was smoothed back with not a hair out of place. He looked all spit and slickered like he was ready to take on any case. Jarrod dressed as fancy as he talked. Fancy talker sure looked the part._

 _Nick wore a dark pair of pin striped pants. His belt was high on his waist due to Nick's tall stature. Wonder if that makes him feel bigger than his skinny frame is? Heath knew under Nick's thin frame was nothing but wiry muscle. He had felt the blows of loud mouth's fists the first night of meeting him. The man could beat him and then some. Nick had on a brown shirt with his patented black leather vest. His boots were high heeled to keep him better in the stirrups. Jet black but with pointed toes. Silver spurs were also his brother's trademark. Making him louder even if he was loud enough. He figured Nick wanted his walk to be loud too. Though Nick's attire was different than Jarrod's, both men wore expensive clothing worthy of a Barkley. Nick's hair was wilder as if he had dipped it in a cold horse trough after a long cattle drive. It hung loose in his face causing Nick to swipe at his hair with his black leather gloved hands._

Heath glanced down at his own work worn clothes. They were better than the threadbare clothing he had wore when first meeting the Barkleys. Yet, his clothes didn't speak of wealth. Heath's clothes were just what they were meant for. A covering for his body to keep out the elements or to keep him from being indecent.

 _The youngest Barkley, the confused one, dressed just as Heath's nickname described him. It was as if the boy was confused on which brother to follow. Or in this case, dress similar to. Eugene's pants were more dress pants than a rancher wore but his shirt, although expensive, was a muted brown to keep out dirt stains when working on a ranch. Eugene's hair was slicked back like Jarrod's but a few tendrils had fallen slightly to Eugene's forehead. Eugene Barkley didn't know what he wanted out of life. And if he did, he wasn't afforded the luxury of following that desire due to having to be at the Barkley ranch._ Heath almost chuckled at that thought. _If they had accepted me, I'd have been glad to be the cowhand and let the young confused one figure out his desires in life. No use dwelling on that._

A knock on the door halted Heath's mind from the photographic memories he was placing there. Heath picked up one gun and cocked it. He walked to the door cautiously before opening it as he sidestepped the door.

He uncocked his gun when he saw Sarah Jane standing there. She had on more attire like a female in town rather than a working girl. Sarah Jane had washed her face so it wasn't so painted up. With her porcelain skin showing, a blush could be seen on her face when she watched Heath's eyes travel over her body.

"I wanted to be with you tonight, Heath." Sarah Jane's voice came out in a shy tone. She sounded nothing like herself when she worked in the saloon. She seemed unsure of herself now.

Heath opened the door wider allowing her to enter. "You look mighty pretty, Jane."

Sarah Jane turned to Heath. Her eyes sparkled with tears. "How did you know I love to be called Jane?"

Heath tapped her lightly on the nose. "You look like a Jane to me. That's all."

He figured a girl, who came dressed like Sarah Jane did to his room, didn't want to be reminded of her trade. He took a gamble on which name to call her Sarah or Jane. Heath knew two too many Sarah's in his life. Jane would have to do.

"My Ma called me Jane." Sarah Jane slipped down on to the edge of the bed. "She and my Pa died when I was twelve. My aunt and uncle sold me to a ...to a rich man. He got tired of me by the time I was fifteen."

Heath understood what she was saying. He made his way over to the bed. He sat beside her. "Jane, you don't have to be here like this. I can hold you all night. We don't have to do anything else."

Sarah Jane smiled at him. "You don't understand, Heath. I want you to make love to me. I've never had a man make love to me. I've been with a lot of men. Never made love."

Heath turned her to face him. His hands gently gripped her shoulders. "I don't love you, Jane."

"I don't love you either, Heath. But tonight….please pretend with me. Tomorrow is another day. Tonight I'm going to make love to a man I want to make love to. Not a man that pays me a coin to be with him. Can you do that for me, Heath? Sally said you did that for her before she left town to quit this life. I can never do that. I don't have any family that want to take me in. But one night of pretending is all I ask. Then I plan to never let you be with me again. Because if I were to let that happen, the fantasy will be gone. I want to hold on to the fantasy, Heath." Sarah Jane pulled at her flowered dress before adding. "I want you, Heath. Do you want me?"

Heath knew what it felt like to need to be wanted. He wasn't wanted by anyone much but saloon girls. He thought of Jarrod and his wife. They wanted each other in the way Sarah Jane wanted to be wanted. They wanted that baby like most parents want a child. Heath doubted he'd ever be afforded a family like Jarrod deserved. He was happy for his big fancy talking brother.

Heath didn't want to dwell on his own desire to be wanted. Tonight Sarah Jane was asking for herself not for him.

Heath leaned gently towards Sarah Jane. He whispered before his mouth captured hers. "I want you, Jane."


	15. Chapter 15

**_There was a huge mistake in posting chapters here. I noticed my chapters were not adding up so I checked Somehow on this site the actual chapter 9 never posted!_**

 ** _It is a very important chapter so I'm posting it as a missing chapter_**

 ** _Chapter Nine_**

 ** _Past..._**

Jarrod Barkley felt like he'd been blessed beyond measure when he introduced his family to his new bride. Beth beamed as she met Eugene, Audra, Nick, and Victoria. Soon she would be calling Victoria 'Mother'. Victoria insisted.

"Welcome to the family, Beth." Nick kissed her cheek. "I'm glad you are willing to put up with this pompous..."

"Warning, Brother Nick." Jarrod teased back light heartedly. "I heard through the grapevine that you are also engaged."

"Hester Converse." Nick puffed out his chest proudly. "She went camping with us."

Nick had met Hester when he headed to San Francisco to take care of some paper work concerning the Barkley lumber project. Since Jarrod had taken an extended stay in Denver, Nick was left with the legalities concerning Matt Bentell's death and what to pay his widow monetarily for him being killed on Barkley land. There he met Hester Converse. As he said, three deep in admirers.

Victoria didn't much care for Hester. She could see the way the girl flirted with the men at the dance while camping. However, she would wait and see how things turned out. She was sure that Nick would be receiving a letter soon from the girl saying the wedding was off. Unlike Beth, Hester Converse wasn't one to settle down to one man.

"She hated it." Audra laughed as she put her arm in Eugene's. "Hester couldn't wait to get back to civilization as she called it. We had to cut the trip short."

"Now, little sister, I'm sure Hester has a wedding to plan." Eugene teased as he chuckled. "I'm glad to have you in the family, Beth. Another sister will be a blessing."

"Thank you." Beth sighed out contentedly. "I am looking forward to life as Mrs. Jarrod Barkley. And I can assure you, Audra, I love to camp. Father took me when I was a young girl often. Mother loved it as well."

"Well. Now that is settled." Nick grinned happily knowing his brother found the perfect match."Why don't I get the champagne?"

Nick was also reconsidering his proposal to Hester. He realized he had been impetuous. His anger with his mother for hiring Heath Thomson to protect him had the short tempered rancher to look for an outlet to his anger on something or someone else to think about. Thus, Hester Converse.

Silas eagerly prepared a celebration dinner for the newly wed couple. Audra and Beth immediately became as best friends. Audra was thankful to have a female in the house besides her mother. Victoria wouldn't admit it. However, she had already began daydreaming of grandchildren.

Jarrod bringing home Beth helped take care of some of Nick's anger over Vern Hickson as well. Jarrod had already heard all the talk in town about Heath Thomson and Vern Hickson being in a gunfight. Heath was the victor. No one had heard from Heath since. He was sure they would see him soon enough to collect the rest of the money Victoria Barkley owed him for the kill.

In the meantime, Rance Kendall was irate. He paced around his house knowing that Heath Thomson was in the pockets of Victoria Barkley. So far, no one was willing to go up against the gunfighter. Heath was becoming notorious for his use of a gun. Rance wanted Nick Barkley to pay for taking his son's life.

It was upon hearing the news that Cass Wyatt had been pardoned that Rance came up with a plan to make Nick Barkley realize the pain of losing a family member. Heath Thomson wouldn't know of it nor would the Barkleys.

Cass Wyatt stood shifting nervously from one foot to the other. "Let me get this straight. You are gonna pay me to kill Jarrod Barkley. Rumor has it that you had a price on Nick Barkley's head. Not Jarrod Barkley's."

"No one can get near Nick Barkley because of their hired gun." Rance stated angrily. "I can't outbid the Barkleys as far as Heath Thomson. I just figured hurting Nick in some other way would work. Knowing how it feels to lose someone you love will have to do as long as Heath Thomson is Nick's watchdog." Rance spouted out bitterly.

"You know I don't have a problem killing the man." Cass poured himself a shot of whiskey. "The lawyer owes me and then some. But I don't cotton to want to spend anymore time in prison for the likes of him."

"With the money I'm paying you, you can go anywhere you want. Stockton isn't the place for you, Mr. Hyatt. I know the talk about you. Prison marks a man and you know it. Besides, I'm not asking you to kill the man where public sees you. I got a fine rifle to loan you. Watch the man's routine. Learn it. And shoot to kill him. Take your time on this and let the Barkleys think all is calm. Maybe the gunfighter will leave town in a few months as well." Rance handed Cass the money. "This is what I was offering to kill Nick Barkley. I'll pay you the same to take care of your problem. It will be worth it to know Nick is suffering a loss. Take care of Jarrod Barkley. Eventually, Nick will die by a bullet when Heath Thomson finally rides out of town. Victoria Barkley's money won't keep buying her son out of trouble. She will see that money can't keep your family safe forever."

Bbbbbbbbbbbbbbbbbbbb

Dr. Merar shook his head as he did the surgery to remove Heath's bullet. "Wasn't in too deep. Boy, you should really think about another line of work."

Heath placed a tight smile on his face. He didn't mind when the good doctor called him boy. It wasn't an insult. It was just term used by the older man. "I'll think about it."

"Sure you will." Dr. Merar rolled his eyes. "You staying around town for a while?"

"Why, Doc? Wantin' to rid this fair town of the riff raff like me?" Heath grimaced as the needle punctured his skin.

"Don't be wise there, young fellow." Dr. Merar looked over the bridge of his glasses. "I'm holding the needle in your skin."

"That you are." Heath laughed lightly despite the pain. "Why do you ask?"

"I'd suggest you take a few days off from riding or any type work really. Lay in bed if you can." Dr. Merar finished up the stitching. "I'd like to keep an eye on this to make sure it doesn't set up with infection."

"Well, got to collect some money for…" Heath jutted up his eyebrow slightly. "Breaking a horse. It should give me enough to relax in the hotel a few days."

"Mmmhmmm." Dr. Merar knew the rumors. There wasn't much the doctor didn't know about the citizens of Stockton. "The way you break horses isn't helping my business any. Maybe helping out the mortician and coffin salesman but not me."

"I gave you my business, Doc." Heath winked as he jumped off the table. He laid a couple dollars on the table. "Is that enough?"

"Yep." Dr. Merar picked up the coins. He picked up a small bottle of liquid as he spoke. "Take this laudeman if you need it. May help you sleep some."

Heath stared at him for a few seconds. "May just do that, Doc. I need to sleep."

"If your wound gets red and hot, come back to see me." Dr. Merar handed Heath a roll of bandages. "Keep it clean and change it tonight. And Mr. Thomson…"

"Yeah." Heath took the bandages and laudeman from the doctor.

"I ain't at all for gun fighting. That being said. What you do for a living is your business. I'm not to judge you. But I do want to thank you for not letting Nick take a bullet. The Barkleys are special to me. I was good friends with their father Tom. I've known him since he married Victoria. I was at their wedding. A group of us traveled this way together. We split up to find land and a place of our own." Dr. Merar rubbed his graying hair.

"Why are you telling me this, Doc?" Heath questioned.

"Tom would be real glad you're the one left standing too. He wouldn't have wanted either one of his sons to have died. I just wanted you to know that, Heath." Dr. Merar turned around to clean up the blood that Heath's surgery had left behind. Barkley blood.


	16. Chapter 16

**_Chapter 15_**

 ** _Past..._**

Heath woke up to Sarah Jane sleeping soundly beside him. Her blonde hair splayed over her moist back. He had did his best to make the woman feel like he wanted her. She seemed pleased with his effort. Heath started to trace the contours of her back with his finger but pulled back before he did.

The man had never felt guilty for his actions with the females before now. Not since his mother died any way. For some reason, he was feeling a twinge of regret about being with the woman. Maybe it was because he had to bite his tongue last night and not whisper Allie Kay's name while he was with Sarah Jane. Maybe pretending Sarah Jane was Allie Kay helped him in his pretending it was making love. Heath rolled his eyes at his own musings. _He didn't love Allie Kay. Why would he let that thought flit through his mind? Maybe he was worried about Allie Kay._ He was sure that was it. Heath thought it was time he head to Strawberry and check on how things were going there.

He slipped out of bed quietly. He didn't want to wake the sleeping beauty beside him. He hoped Sarah Jane realized fantasy time was over. Both of them had to go back to their real lives. His as a killer with a gun. Hers as a female paid to do favors for a man.

Sarah Jane stretched as she awoke. She glanced up to see Heath standing with his hands propped on the window sill. He stood with his back to her without a shirt on. She couldn't help but appreciate the fine build of the young man. Even though his back had some scarring, his muscles still were pronounced tauntly. The scarring was very faded and seemed from long ago. Sarah Jane didn't dare ask about the faint scars. After all, even in pretend, there was some boundaries not crossed with a man's personal life.

Sarah Jane had never been with a man that treated her so gentle as Heath had. She had been with Heath before last night intimately. He was a master with the females in that nature. However, last night he had went out of his way to make her feel her deepest desire. He treated her like a chaste woman. Even when she was most innocent, the rich man who owned her, never treated her like the innocent she was. Heath did that for her last night. It was a dream she would forever cherish even when reality told her differently.

Sarah Jane could see how easily the blonde cowboy could be fallen in love with. She refused to call him a gunman. There was more to Heath Thomson than that. Despite his dangerous lifestyle, he was a man of a gentle nature. A man who could be meek one moment and ferocious the next. Yes, Sarah Jane could see how any woman might want to fall deeply and madly in love with the handsome blonde. Therefore, she decided it was time to be Sarah Jane again and not the sweet Jane who Heath allowed her to be last night.

Sarah Jane never spoke a word as she slipped out of bed, dressed, then left Heath staring out the window. She didn't have to mix words with the man. He and she both knew the score. Pretending was over. Sarah Jane couldn't afford to let her fantasy take over. Heath wouldn't allow himself to dream of anything more especially not with Sarah Jane. Sarah Jane could be called a lot of names but ignorant wasn't one of them. She knew someone already had the cowboy's heart. Some female possessed the man's heart and Heath didn't even realize it.

Heath watched the streets below as he listened to Sarah Jane dress and leave. He didn't feel bad she was gone. He was relieved. He blinked a few times when he noticed the Barkleys pulling up to the Cattleman's Hotel. He supposed they were all going to celebrate the upcoming baby. Heath smiled when he saw Audra was with the family. It had been weeks since the girl had left the ranch. The threat of Evan Mile's was gone. He had done that for her.

Heath watched the gaiety pass over each of their faces. He noticed the dishwater blonde that Jarrod helped from the surrey. That must be his wife. He saw how the family welcomed her as one of their own. His heart ached to be a part of the scene below. Yet, he was the outsider. She was the wanted one. Heath chuckled to himself. Well, now the lady had a nickname too. Jarrod's wife would be the wanted one. He heard Nick's loud voice carry to his window. He called the wanted one Beth.

Heath could already tell that Beth was glowing like his mama spoke of a woman with child did. He supposed it was a myth or plain happiness. However, she did seem to glow as the wanted one gazed up at fancy talker. _That must be what love looks like._ Heath thought as he stepped away from the window. No use wishing for things that would never be. Rachel always told him if wishes became real. Every woman would have a man. Every man would have a woman. And every belly would feel full before bedtime. _Yep. Wishes were dreams meant to wake up from._ At least in Heath's life that was the case.

Nick felt like someone was watching. He turned just in time to see Heath step away from the window. Nick felt an urge to go invite the man to the celebration breakfast. However, it wasn't his right to invite Heath to join them for Beth's and Jarrod's celebration. Still, something about Nick felt a longing for the blonde brother to join the fold. Nick thought it best to ignore the nagging feeling. Besides, it was still fresh in the minds of the family of what happened last night when Jarrod informed them all that Heath had shot and killed Evan Miles.

 _They had all gathered in the parlor. Congratulations were exclaimed to Jarrod and Beth over the baby. Once the excitement died down. Jarrod settled with a cigar in his hand beside of Beth on the settee._

 _"How far along are you, Beth?" Victoria asked happily. She couldn't believe the dream of a grandchild was coming true._

 _"Almost five months." Beth laughed. "I'm actually showing a lot but the dresses are hiding me. We were going to tell but Jarrod and I both decided to wait until after Audra's party."_

 _Beth stopped at the slip of her words. "I'm sorry, Audra."_

 _Jarrod quickly stated trying to change the subject but realized he failed. "Evan Miles was shot and killed this afternoon by Heath Thomson."_

"What?" Victoria gasped."Jenny and Walley must be devastated."

 _Audra broke down in to hysterics. She sobbed out. "I knew he'd kill him. I knew when I told him. I wanted him dead. I wanted him dead!" Audra screamed. "I didn't think of Jenny and Walley. Heath knew I wanted Evan dead. I knew he'd do that for me. What was I thinking? It's all my fault."_

 _Eugene was the closest to his sister. He was holding her as she collapsed against him. He looked up at his older brothers wanting help with his sister._

 _Jarrod was the one that made his way to her. Nick, Beth and Victoria sat stunned at Audra's words. "Audra, sweet girl, Heath had no choice. Evan drew on him first. Heath had no way of knowing Evan would try that. The fight was over a saloon girl. Not you."_

 _Nick and everyone else in the room knew better. Jarrod was only saying the words to help Audra._

 _Audra whispered in a tear stricken voice. "I'm not naive, Jarrod. I knew the day I told Heath that Evan had been the one to attack me. I knew he'd make a way to kill him. I knew it. Yet, I told him anyway. Evan said he'd kill you all if I told. He said…" Audra sobbed harshly as she tried to state the words. "Evan said he was going to finish what he started with me. I wanted Heath to take care of him. I wanted him to kill him! Heath even promised me he'd take care of it for me. I knew exactly what Heath meant when he said that. I let him go with the promise to kill Evan. I did this."_

 _Victoria inhaled deeply before speaking. "What would you have done to Evan if she told you, Nick?"_

 _"I'd have killed him with my bare hands." Nick growled out._

 _"Jarrod?" Victoria asked of her oldest child._

 _"I'd have prosecuted him to fullest extent of the law. I'd have hunted any way possible to see if he could have hung for his crime. Perhaps, finding out there was other women out there who were violently hurt or worse. If there was no way for him to hang for his crimes, I'm sure other prisoners would take care of that in prison." Jarrod admitted._

 _"Eugene?" Victoria turned to her youngest son._

 _"Same as Nick I suppose. I'd have killed him." Eugene admitted as he held tight to his sister's hand._

 _"So you see, Audra. You didn't kill Evan Miles. He was sentenced to death when he hurt you. One of your brothers would make sure of that. Eventually, the truth would have come out. Perhaps, after he had hurt you worse or even killed you. I saw how violently he beat you. Yes, one of your brothers would have made Evan pay the price with his life." Victoria straightened her shoulders. "As a matter of fact, one did."_


	17. Chapter 17

**_Macklin-episode The Court Martial_**

 ** _Chapter 16_**

Nick Barkley laughed out loud when he read the letter from Hester Converse. He was rather relieved to read her words of calling off the wedding. He had already decided he'd call of the thing when he met the daughter of Don Montero. Unlike, Hester Converse, Maria was a lady untainted by male admirers.

Eugene was away taking a few college courses. The boy was excited when Nick said things were slowing down on the ranch. Therefore, Eugene could take a few courses at Berkley. However, it was made very clear that Eugene could only put in one semester before he had to return for branding season.

"Well?" Audra asked as she watched her brother laughing heartily.

Two months had passed since Evan was killed by Heath. No one had heard from their elusive brother. It was as if he had wandered out of their lives as quickly as he had wandered in it. Audra had come to accept the fact that Heath had killed Evan due to Evan's drawing a gun on him. She knew deep down that Heath no doubt provoked Evan. However, Jarrod had done some checking on Evan's life while he was away. The man had been cleared of other despicable crimes against females thanks to his father's money. The Miles moved away allowing their ranch to be sold. The Miles didn't mind the Barkleys buying the ranch. After all, they had no way of knowing there was a connection between Heath Thomson and the Barkleys. Therefore, they felt it a great thing that their dear friends purchased the land and ranch.

"Let me read it outloud for you dear sister." Nick winked at his mother as he read. He cleared his throat as he tried to make it more dramatic for effect.

Victoria rolled her eyes as she waited for her son to read the letter from Hester. She knew Nick had wished he could take back the marriage proposal. Her second son was far too impetuous in life. Hopefully, this would teach him a lesson on thinking before he acted. Victoria feared not but a mother could hope.

Nick began in a loud bellowing voice. "My dearest Nicholas." Nick laughed. "She called me dearest."

"Nick, please. Just read the letter." Victoria was enjoying Nick's antics but she had things needed done. Beth and Jarrod were to come back to the ranch in two days.

Nick cleared his throat again. "My dearest Nicholas, it is with great regret that I must inform you that I must recant my previous acceptance of your proposal of marriage. I have met another man, who can better show me a world I find most exciting. Although this man doesn't promise marriage, he does promise me a life of traveling and adventure. I think this life better suits me than that of a rancher's wife. We both acted too quickly in this idea of marriage. The man says he is a friend of your brother Jarrod. His name is Scott Breckenridge. I hope this letter finds you well." Nick winked again this time at his sister. "Sincerely with fondest memories, Hester Converse."

Victoria laughed loudly as she knew who Scott Breckenridge was. "They are perfect for one another."

"Does that mean you're going to pursue Maria Montero now, Nick?" Audra asked hopefully. She had met Maria and found her very charming.

"I'm going to request permission from her father first. I noticed he is rather strict on the girl. I figure that would impress the old man. As far as courting Maria, I don't see why not. She is rather beautiful. I think I'd like to get to know her better." Nick straightened his shoulders as he threw the letter in the fireplace. "This time I don't plan on acting too quickly."

"Let's hope not." Victoria sighed relieved. "Maria is a lovely girl, Nick. Be careful for both your sakes."

Audra giggled before looking over at her mother. "What are you working on, Mother?"

Victoria held up a yellow knit blanket. "For my first grandchild. I was going to knit a white blanket but decided yellow was a much brighter color. I think the Jarrod's child deserves bright colors. The yarn was more expensive but well worth the price. I've never felt a softer yarn."

Audra leaned to feel of the knitting. "It is soft. Perhaps, I can knit a cap and booties to match it."

"That would be wonderful, Dear." Victoria sighed contentedly. "I'm sure Beth and Jarrod will love it. I bought plenty yarn. You may use some of this. That way they will match perfectly. I can't believe in less than three months, we will have another Barkley join the family."

Nick allowed thoughts of Heath to enter his mind. They hadn't heard from Heath for a while. It wasn't like the boy kept in touch. The fact that Nick could go into town and see him at Harry's or even at Big Annie's more often than not had Nick thinking there was a chance to get to know his younger brother. They had shared a few moments of poker games and drinking a beer to two. Something about his blonde brother drew Nick to him.

He wished with everything in him that Heath was welcomed when he first came to them. If wishes always came true, then every woman would have a man. Every man would have a woman. And every person would go to bed with a full belly. Nick wondered where he had heard that before. He knew someone had told him that not long ago. He remembered who it was now. It was Heath when he came to check up on his Modoc pony. Nick had said he wished he could have a life of leisure like Heath's horse was having. Heath had recited those words to him.

Audra stood and made her way to Nick. She whispered as she touched his shoulder. "I miss him too. If we ever see him again, perhaps we should tell him that."

Nick turned to stare at her. "I didn't say I was missing anyone."

"You didn't have to." Audra smiled warmly. "I know how Heath made me feel when he was around. I think you began to want him as a brother too. I don't see how you couldn't. He draws you in without trying to."

Nick crossed his arms over his chest defiantly. He wouldn't admit that his little sister was right. However, he wouldn't deny the fact either.

Victoria pretended not to hear what her children were discussing. She didn't know how to feel about the blonde son of Tom's. There was no doubt in their minds that the boy was a Barkley. Months ago, she would've insisted he be invited to stay with them as family. She thought when Heath fought alongside his brothers at Sample's farm, her sons were sure to invite him back to discuss his claims. When they didn't, the young man was hard to locate. Jarrod had hired the Pinkerton Agency to find him and to make sure the truth of Heath's parentage.

By then, Heath's life had changed dramatically. Victoria wasn't sure she wanted a hired killer living on the ranch now. According to Jarrod, Heath was the cold blooded murderer of Matt Bentell. Jarrod was trying to collect the facts on Bentell's murder. Her son wanted justice even if it meant convicting his younger brother to do so.

What Victoria Barkley didn't know was that Jarrod's investigation into the case of Matt Bentell was going to come to an abrupt halt. Jarrod Barkley was going to see that sometimes justice wasn't cut and dry in life.

Beth and Jarrod were in his house in San Francisco. Cass Hyatt seemed to have vanished from Stockton to Jarrod's relief. They had no idea the man was hiding out in an abandoned line shack on the Barkley Ranch abiding his time until he could get a clean shot at Jarrod.

Rance Kendall was a patient man as was Cass Hyatt. It had been months since the proposal was made by Rance to Cass. In those months, Cass Hyatt had a hard time getting Jarrod Barkley alone in a secluded area. The man was busy with cases and being newly wed. However, the house that Jarrod was having built for his wife was soon to be finished. Cass knew that would be a perfect opportunity to take out the man he loathed and satisfy Rance as well.

In Jarrod's San Francisco office, Jarrod was going over some of Heath's service records in the war. He scratched his head as it seemed a lot of information was missing from the file. Heath was no older than twelve when he joined the army. He was imprisoned at age thirteen and released at age fourteen. He was a sharpshooter but that was where the information was lacking.

Jarrod had used his connections with the army to get important information on Heath. Yet, the file seemed to be missing important facts to help Jarrod with making a case against Heath over Bentell. Strangely, Jarrod had no idea what he'd do with the information once he found out if Heath did indeed kill Matt Bentell in cold blood. Jarrod was second guessing himself on getting his own brother hung. However, he needed to know if his brother was capable of such an act.

"Mr. Barkley?" Amy Perkins stuck her head through the door of Jarrod's office. She had been his secretary going on five years. "There is a man here to see you." She glanced over her shoulder before continuing. "He claims to be with the government."

Jarrod straightened the papers on his desk before sitting up in his office chair. "Show him in."

The man walked in and shut the door behind him. He reached his hand out to shake Jarrod's as he introduced himself. "Hello. I'm Federal Officer Macklin."

Macklin showed Jarrod his credentials after he introduced himself. Jarrod checked over the credentials thoroughly before shaking the man's hand. Jarrod shook his hand then offered him a seat. The man sat after he took off his hat.

Jarrod asked curiously as he sat down behind his desk. "How can I help you, Mr. Macklin."

"It has come to the our understanding that you are researching the death of Matthew Todd Bentell." Macklin leaned back in his seat as he spoke.

"That's correct." Jarrod raised his eyebrow quizzically. "What does that have to do with the federal government?"

"Let's just say that the government prefer you stop your investigation." Macklin slid his hat around in his hand.

"I can't do that, Mr. Macklin. A man was murdered on Barkley property. Someone needs to answer for the crime."

"That depends on how a man may look at it." Macklin stared at Jarrod. "If you don't stop looking into the death of Bentell, the government will order you to."

Jarrod lit a cigar and placed in his mouth. He offered one to Macklin, who accepted it. "Why don't you call it murder as it is?"

"As I said, that depends on how one looks at it." Macklin took a puff of his own cigar.

"Perhaps you can explain it to me so I may see it the same as our federal government does?" Jarrod wasn't going to let a man's murder go without justice.

Macklin scratched his chin. "Mr. Thomson said it wasn't going to be so easy to convince you to take your claws out of this one."

"You know Heath?" Jarrod sat up straighter in his chair.

Macklin chuckled slightly. "How about I tell you a story. Mind you it is only a story. Let's say that a young boy joins the war at too early an age. Let's also say that boy has an exceptional talent with a rifle. The government may take advantage of that even if it is morally wrong in many of people's mind." Macklin took another puff of his cigar. He blew out a ring of smoke before continuing. "This boy may be ordered to kill some confederate officers very high ranking. Despite his youth, this kid is exceptional at ridding the war of quite a few Confederate officers and whoever he is ordered to eliminate. Although the same boy does his job well, he is captured while carrying out those orders."

"Go on." Jarrod placed his elbows on his desk as he leaned in to listen to Macklin's tale. He placed his chin in his hands as he concentrated on Macklin's words.

"Years later there comes information on some men, who used to be Confederate officers, still carrying out missions against the current government. These men form a secret society to carry out lynchings and murders of those people they feel are below them." Macklin's words paused as he let Jarrod absorb his story.

"What people would that be?" Jarrod inquired when Macklin's paused.

"Former slaves and other people of color are only some who these men have murdered. These same men, who form this secret society, are selling government secrets and passing along information that could cause harm to many federal officers. The disclosed classified information has been traced back to a lumber camp owned by none other than the Barkleys." Macklin leaned in as well to make sure Jarrod heard him loud and clear. "The lumber camp was a good cover to pass along pertinent information about many of our undercover federal agents. A few of our men have been killed due to the leaking of this information."

"Why not convict the suspects? Bring them to trial if you know who they are?" Jarrod stated with his usual gusto for the law.

"Because convicting Bentell would cause the traitors to know we have inside men. We couldn't take that chance nor could we chance any more of our men dying due to Bentell's treason. Don't worry, Mr. Barkley. The government had more than enough proof to hang Bentell. However, if we bought him up on charges the list of bigger fish to fry would be a waste of our years of effort."

"For instance?" Jarrod drew in a deep inhale of his cigar.

"Let's say there is a man who is known to be in connection with murdering a whole town as well as connected to assassination of President Lincoln." Macklin watched as Jarrod's eyes widened. "The government may have hired a man who they knew could do a great job of eliminating the threat of Bentell without our mission being blown."

"The same boy that was too young for war but had a talent the government could use, I take it?" Jarrod inhaled and exhaled a deep breath of air.

"Exactly." Macklin stood up. "The government had this boy kill once to help win a war. Now the same boy was hired to keep men alive." He leaned his hands on Jarrod's desk. "Your younger brother would be cleared of any charges you may or may not find against him. Do I make myself clear?"

"Most certainly. How did you know Heath Thomson is my brother?" Jarrod stood up as Macklin turned to walk out the door.

"Pinkerton Agency works for the government in finding people of interest that are hard to find. We needed the boy we knew could do the job efficiently who would have no qualms in killing the man who had tortured him for years. We needed to find the boy that was a sure shot so nothing would go wrong. It so happens the Pinkertons had already did a job for the Barkleys that may or may not have aided in finding that boy."

"Heath Thomson." Jarrod finished what he knew Macklin would not say.

"I never said that. However, you're an intelligent man, Mr. Barkley. Surely, you can see how finding such a boy, turned man, could mean to our government." Macklin placed on his hat. "Besides, the case is closed as far as the government is concerned. Don't waste your time, Mr. Barkley. I don't consider your brother a murderer. IF that boy was hired to do the same job he did for the government in the war, there is no way to call it murder. I think it is called justice to some. He saved a lot of men's lives by placing the bullet exactly where the federal government asked him to. Good day, Mr. Barkley."

"Good day, Mr. Macklin."

"Oh, Mr. Barkley. The government expects your full cooperation in keeping information classified. Perhaps someday you may be needed to help the government in a way you may not be comfortable with. I hope that we can count on you as much as we can the boy I mentioned."


	18. Chapter 18

**_Chapter 17_**

Heath thought it ironic that he mourned the death of anyone. He didn't feel human most of the time with the death count he had added to the world. He hadn't killed a man that hadn't killed before him. He had always made sure the man drew first and more times than not had cruelly murdered or killed an innocent man in a lifetime. Heath figured that man deserved to die by a bullet because a hangman's noose was waiting for the man any way. It was his own sense of justice as he spoke months before to Nick. He wasn't shedding tears but he felt the grief all the same.

It didn't seem possible the time that had passed while he was in Strawberry. The elderly women were weak when he arrived to check on them. Heath knew not to leave Allie Kay with the women by herself. He didn't figure there was anyone left in town to help the girl bury the two women he and Allie Kay felt were family.

The sound of dry rocks and soil thudded against the last of the wooden boxes being buried in the dying town. At least the last that Heath Thomson cared to bury. He glanced up to see Allie Kay standing watching him. Her eyes glazed over with unshed tears.

"Allie Kay, you don't need to be here." Heath wiped the sweat from his brow. "This part of the funeral isn't necessary. I'll bury Aunt Rachel just like a did Hannah."

The girl had stood and watched Heath bury Hannah only an hour before. Heath supposed it was best the two old friends died within minutes of one another. They had survived the influenza epidemic only to have been too frail after.

"I have nowhere to go, Heath." Allie Kay stated in a low tear laced voice. "You're all the family I got left now."

Heath patted the fresh mound of dirt with his shovel. He wasn't used to someone claiming him as their last link to family. He supposed a girl like Allie Kay didn't have much in life living as she did in her past. He figured Hannah and Rachel were a blessing to the young beautiful woman. He knew they were a blessing to his mama and him.

Allie Kay held tightly to the old Bible Hannah had given her. It was what Rachel taught her to read out of. She swiped her hand over her cheek as tears streamed down them. She looked at the handsome man, who she knew she loved with every fiber of her being. Heath didn't return to the sentiment. Allie Kay was sure of it. She had confided in Rachel and Hannah of her love for Heath. She had even told Miss Leah while visiting her grave of her love for her son.

Heath had been kind to her. They talked when he visited. He bragged on her cooking and work ethic, which Hannah and Rachel had taught her. He bragged on her sewing and laundry skills. Heath treated her very kindly just as he did the older women, whom she shared a home with. What Heath didn't do was touch her in anyway like a man did a woman he loved. He hadn't so much as held her hand.

In the short time Allie Kay had spent with Heath before coming to Strawberry, she had seen how he was with other females. She pretended not to notice when saloon girls had clung to him outside of the saloon in early morning hours. Allie Kay supposed she shouldn't have been watching out of her hotel window. Heath would probably accuse her of spying on him. She guessed she was guilty of just that. She couldn't help it. He was so very beautiful. He was so very much loved by her.

Heath put on his shirt as he addressed Allie Kay. "I'm gonna take ya to Stockton, Allie Kay."

"To that big fancy family you got there?" Allie Kay knew of Heath being a Barkley. Rachel had told her and Heath had confirmed as much with his own stories of the family.

"Yep." Heath said as he rubbed away the sweat from his neck.

"Don't know why you think they'd help me. They turned you out." Allie Kay crossed her arms over her chest defiantly.

Heath chuckled at the defiant beauty before him. It seemed Rachel's quick bite with the tongue had found to be mimicked in Allie Kay. "It will be different with you."

"Why can't I stay with you, Heath?" Allie questioned as she followed Heath back towards the wagon he had borrowed from the old livery. "I ain't gonna cause you any trouble."

"I told you before, Allie Kay. It won't work. I'm a man. I can't having no woman tagging along with me." Heath added for emphasis. "It ain't proper."

Allie Kay snorted out arrogantly. "Not like you see me as a woman worthy of touching any how."

"What?" Heath turned around staring at the female.

"Nothing." Allie Kay rolled her eyes. "You wouldn't understand."

"Just get in. We got a long day ahead of us." Heath helped her into the wagon. "You can take the buggy I bought you. I'll ride Charger."

"What happened Gal?" Allie Kay asked as she settled into the wagon beside him.

"She's at the Barkleys." Heath clicked his tongue alerting the horse to pull the wagon.

"Great. First I have to go beggin' to a bunch of strangers. Then I have to be around an ornery horse that is jealous because she doesn't want me around her master." Allie Kay pouted.

"You got some imaginings going on about that horse, Allie Kay." Heath grinned as he stated mischievously. "Besides, Gal has a new master. My younger brother, Eugene, has taken a liking to her. Maybe he will you too."

Allie Kay angrily glared at Heath. "I may just take a liking to him too."

Heath felt his heart tighten at Allie Kay's words. He felt that Eugene was exactly the kind of guy Allie Kay deserved. A hired killer certainly wasn't good enough for the rare beauty next to him. It wasn't long before Allie Kay and Heath took some meager belongings with them and headed towards Stockton.

Arriving at the ranch, Heath glanced over at Allie Kay. She nervously wrung her hands. Heath placed his hands over Allie Kay's hands wanting to calm her. When he did, he felt an immediate need to pull back from the jolt of heat that caught him by surprise. Allie Kay wanted desperately to throw her arms around Heath. She wanted to hold him tightly and make him promise not to leave her. She was grieving for Hannah and Rachel. She didn't want to grieve for the loss of Heath too. It wasn't the same as death. However, Allie Kay was sure once Heath took care of the burden of her, she would never see him again.

Heath knocked lightly on the door to the large mansion. Allie Kay fidgeted with her hair as she waited next to Heath.

Silas opened the door welcoming Heath and Allie Kay in. "The family is in the parlor, Mr. Heath."

Silas showed the young couple into the room. Audra jumped up and ran to Heath. She enveloped her arms around him. Allie Kay arched an eyebrow. She figured this was his sister as she looked a lot like Heath. Allie Kay thought to herself that she best be. She didn't to have to bite her tongue to tell her to keep her hands off. Even if Heath didn't belong to her.

Heath was pulled into the room by Audra as Allie Kay followed along shyly. Heath nodded at the family as Nick grinned.

"Heath, I'd like you to meet Maria Montero." Nick proudly placed his hand behind Maria's back. "Maria this is Heath Thomson."

Maria felt her heart skip a beat or two when her eyes met the handsome man. She had never had the air knocked out of her lungs by the mere sight of someone. She offered Heath her hand. "Hello."

Allie Kay saw the pride Nick had in his introduction of the beautiful female. She also saw the girl sizing Heath up like she was a hungry dog and he was the piece of steak.

Heath smiled at Maria as he took her hand. "Nice to meet ya." Then Heath pushed Allie Kay forward as he addressed the family. "This is Allie Kay. She helped take care of my Aunt Rachel and Hannah in Strawberry."

Pleasantries were exchanged as the family greeted one another. Victoria explained that Jarrod and Beth were out checking on the progress of their house. She was going to say Eugene was around somewhere but the young man came bounding down the stairs at that very moment. When Heath introduced Allie Kay, Eugene stared at her dumbfounded. He never saw such a beautiful woman in all his life. Audra almost giggled aloud. Victoria glanced at Nick, who winked her way.

As the evening began to unfold, Heath's jaw muscle tightened. He may have been teasing Allie Kay about Eugene but seeing the boy smitten by her was another thing. Heath ignored the attempts by Maria to get his attention. However, Nick did not. Heath explained the deaths of Hannah and Rachel. Heath was just getting around to asking if the Barkleys may know of a place Allie Kay could find work as a housekeeper or caregiver such as a nurse, when the door burst open.

Frantically, Jarrod called out for help. In his arms, he was holding Beth tightly to him. "Help me! She's been shot! Help me!"

Maria swooned at the sight of blood. Nick helped her to the sofa. Audra sat next to Maria as she watched Jarrod rush up the stairs with his wife. Nick yelled he would send for Dr. Merar. He raced from the house to get to a hand and ready a quick horse. Victoria rushed after Jarrod with Allie Kay quick on her heels. Heath glanced at Audra and Maria. Audra looked worried. Maria looked frightened.

Allie Kay held her hand against The wound on Beth's side. She knew by the wound that the woman was losing blood fast. Jarrod was on the bed cradling Beth. Victoria was grabbing the bandages and water that Silas had rushed to them.

Allie Kay spoke softly but with authority. "I know you're scared, Mr. Barkley. But you need to lay her down on the bed. I can't keep enough pressure on her wound the way your holding her."

Jarrod glanced at his mother as his eyes questioned the words of the strange female. Victoria spoke. "Jarrod, please. She's right. Sit on the edge of the bed and hold her hand. But you must lay her down."

Jarrod did as his mother said. Allie Kay never took her hand from Beth's wound. She looked over at Victoria. Both woman shared a silent understanding. Beth was dying and both women knew it. The wound was a fatal wound. However, Victoria knew the girl was keeping Beth alive long enough to have the doctor come. There may still be a chance for the baby Beth carried.


	19. Chapter 19

**_Chapter 18_**

The room felt like it was closing in on Jarrod as he heard the words of Dr. Merar. "She's gone, son. I'm sorry."

He didn't know what was happening when Nick grasped his forearm to lead him to a nearby chair. Jarrod didn't even realize that Nick was ushered out of the room as the doctor, Victoria, and the strange female continued carrying on with their tasks. His mind whirled around and around. His thoughts repeating. _Beth is dead. Beth is dead. What are they doing if Beth is dead?_

It sounded like the people in the room were inside a tunnel as they spoke. Only bits and pieces were filtering into Jarrod's mind. A man's voice. _Hold this. Cut the cord. Wrap her up. She needs kept warm. Thank you, Miss. You're a big help_. A female voice _. Iffin' you want, I'll take care of her mama for you, Ma'am._

Jarrod felt like he was going to be sick. He wanted to hold Beth longer. He wanted to tell her goodbye but these people were keeping him away from the woman he loved. Jarrod also felt the heaviness in his whole body. He wasn't sure he could move to get to his beloved Beth. He felt weighted down like he was drowning in deep murky water.

Trying to make sense of the events happening around him, Jarrod remembered the ride to his house just a few hours earlier. Beth had informed him she wanted to meet this new brother of his. Jarrod told Beth that he wasn't sure introducing Heath was a good idea. Heath was different than the rest of the family. His years of scratching out a survival had hardened the young twenty four year old man. Yet, Beth had still insisted. Jarrod said he'd think about. Now, Beth would never meet the man, who the Barkley brothers had denied his rightful claim of being Tom Barkley's son. Jarrod wouldn't have to worry about Heath being too rough to fit in with his beloved Beth as a part of his family.

Strange how his thoughts were wishing he had introduced Beth to Heath. Maybe Heath would've made himself protector of Beth too. Maybe she would still be alive if his younger brother protected her while Jarrod could not.

There was a cry that penetrated the air around him. Jarrod wanted to jump up and say that Beth wasn't dead. She was crying. However, his logical mind and broken heart knew the cry wasn't coming from Beth but from somewhere else. _Where_?

"Don't let Jarrod see his wife like this?" Victoria exclaimed as she grabbed something and headed towards Jarrod.

"Mother?" Jarrod weakly peered up at his mother. "Beth is dead."

"I know, Darling. I know." Victoria bent down to Jarrod. "Take your daughter, Jarrod. She must be kept warm. Cuddle her to you."

Slowly, Jarrod took the bundle in his arms. He stared down at the baby placed in his arms. _Small_. That's all Jarrod could comprehend. This baby was way too small. Was the baby alive? He heard the baby's weak cry. Yes, she was alive. Her mother was not.

Jarrod tried to remember names that Beth and he had discussed. A son would be named after both grandfathers. Her father Jeffrey and his father Thomas. That was a son to be name Jeffrey Thomas. _A girl?_ What was it that she wanted to name a daughter? Not after the grandmothers. Beth hated the way her mother's name sounded with Victoria. Gertrude would never work for his beautiful daughter. Jarrod felt tears pouring down his face. He whispered to his daughter. "You look like your mother, Victoria Beth. That's your name isn't it? Tori Beth."

Nick was soon called upon to remove Jarrod from the room so they could fix Beth properly before Jarrod said his last goodbye to her. Nick noticed Jarrod moved numbly as he made him sit in a rocking chair in Audra's old nursery. Jarrod held his bundle to him because he had to do what his mother said. He had to warm this baby. This tiny life had to be sustained. This daughter of his and Beth's had to live in order for Jarrod to want to live as well.

"We need to send over for Sally Billings, Victoria." Dr. Merar watched as the young female in the room cleaned up the blood and mess made from the removal of the baby from Beth's womb. "Sally's baby is six months old. Therefore, she is producing milk. You can check on wet nurses later. The baby will need fed if it has any hope. I doubt the baby is strong enough to take a bottle. She's early."

"Will she live? Will the baby live?" Victoria washed down Beth's pale face. Her beloved daughter in law was dead. Victoria hadn't even remembered helping Dr. Merar with taking the baby from Beth's womb.

"I can't say for sure. She's such a tiny thing. Prayer is all that can help that baby." Dr. Merar squeezed Victoria's hand. "I'm sorry about Beth. She was a wonderful woman."

Victoria nodded as she stared at the young female cleaning up Beth. "This is time for family, Miss. Can you please excuse us?"

Allie Kay's head shot up. The girl swallowed nervously. "Surely. Iffin' you need any more help?"

"No. Please. We just need family now." Victoria closed her eyes ignoring the hurt in the young girl's features.

Victoria didn't feel guilty for her words. _Heath Thomson had no right to bring a stranger in their home like he did. They had made pleasantries but what right did Heath and this girl have to be here when the family needed to get through this tragedy?_

Dr. Merar stepped up to touch the young female's arm. He whispered for only her to hear. "You saved that baby's life. If you didn't keep Beth alive as you did as well as help me perform the surgery, that baby wouldn't be here. Victoria is grieving. She didn't mean to be short with you."

Allie Kay's eyes glistened with tears. "I know that. But Heath brought me here thinking his family would help because he was the one askin'. I don't know how to tell him…." Allie Kay's hand went over her mouth. "I've said too much."

"You didn't say anything I didn't already know, Miss." Dr. Merar felt for the young woman. She was concerned that the rejection of her would be seen as another rejection of Heath.

"I best get cleaned up." Allie Kay glanced down her body. Blood covered most of her blouse and skirt. "I guess I better leave you and Mrs. Barkley to clean up that poor woman."

"You already did most of that job, Miss." Dr. Merar watched the girl nod her head before he turned back to help Victoria with Beth's body.

Downstairs, Nick had already informed the family of Beth's death and the birth of Jarrod's infant daughter. Heath stood back watching the grief that overshadowed his sister and his brothers.

Allie Kay made it downstairs to ask Heath to please bring her a change of clothes so she could get dressed. Victoria came down the stairs not far behind her.

Before Allie Kay could address Heath, Victoria spoke sternly to her. "You need to clean yourself up. This family doesn't need a visual reminder of my daughter in law's death!"

"I was just gettin' to that, Ma'am." Allie Kay bit her lip trying to keep it from quivering. "I can clean up and help where I can."

Victoria's head snapped around as her eyes flashed with anger. "You may go. My Family will take care of one another."

Maria composed herself as she approached Victoria. "Is there anything I can do, Mrs. Barkley?"

Victoria touched Maria's hand. "Yes. Please help Silas make sandwiches. I don't think any of us can take in a large meal. Sandwiches can be for any of us that feel the need to eat. Nick, help her."

Maria nodded as she and Nick headed towards the kitchen. Victoria glanced at Audra. "Go take Jarrod's daughter from him. I'll get him to say goodbye to his wife. Eugene, go fetch Sally Billings for us. Explain that we have a baby in dire need of milk."

Eugene nodded and left quickly. Audra and Victoria took up the stairs at the same time. Allie Kay walked up to Heath.

He grabbed her boy the elbow. "Let's go, Allie Kay. The Barkleys need to grieve. I'll get you a hotel room so you can clean up."

Allie Kay nodded as Heath escorted her out of the house. Heath wasn't angry at Victoria. After all, the woman had lost her daughter in law. However, he realized in Victoria's deepest grief, she let the truth be known. Heath Thomson wasn't family. Therefore, he and his companion weren't welcome there.

Dr. Howard Merar watched Victoria walk into Beth's room. He touched Victoria's arm. "Do you need something for your nerves, Victoria?"

Victoria stood staring at Beth. Victoria's body began to shake uncontrollably. She felt her knees weaken before she felt Dr. Merar help her make it to a chair sitting beside the window.

"Oh, Howard. What have I done?" Victoria collapsed into the nearby chair. "I was so angry with myself for panicking and not helping you that I took it out on that young woman. That young woman saved my granddaughter's life! I couldn't even remember how I helped until just now. I was angry at her for not helping but I realized it was I who had stood back frozen in place while you and that young lady saved my granddaughter."

"She knows you are a mess right now. That young lady is a fine lady to help as she did. I don't think she did it for accolades, Victoria. It came natural to her." Dr. Merar smiled kindly. "I'll go get Jarrod for you and while I'm there, I'm going to check that little girl of his."

Victoria shook her head. Once Dr. Merar walked out the room. She placed her head in her hands and sobbed. Jarrod's wife was dead.

-

Allie Kay kept pouring more and more water over her body. There was so much blood that had soaked through her blouse and skirt. Allie Kay trembled as the water kept becoming a crimson color in the tub.

Heath heard Allie Kay's sobs as he stood outside of the curtained area where she bathed. He had paid extra to have a suite so Allie Kay would have her own bathing area and not be disturbed by other guests wanting in the bath house. That also gave two rooms in order to sleep.

"Allie Kay, are you okay?" Heath called from outside of the curtain.

Allie Kay's sobs became harsh at hearing Heath's words. The grief for Hannah's and Rachel's deaths coupled with the dying of the young mother had caused her so much pain. Then she thought of Heath feeling like an outsider to his own family. That was too much for the young female to take.

Heath swallowed as he slowly pulled back the curtain. Allie Kay sat in the metal tub with her knees pulled up under her chin. He grabbed up large towel to place over her. He scooped her up in his arms and carried her to the bed. After he wrapped a quilt around her nude body, Heath slid in beside her.

He held tightly to her. "I'm here, Allie Kay. Shhh. I'm here."

"Don't leave me, Heath. Please don't leave me. We've both lost too much in our lives to lose each other." The girl pleaded as Heath stroked her wet tendrils of hair. "Promise me that you'll stay with me at least until we can figure out something for us both. Promise me."

"I promise." Heath heard the words come from his mouth.

The words sounded so foreign to him. He didn't want to give Allie Kay false hope. He felt he could never give her himself. He didn't feel free to do that. Not being the kind of man he was and not the kind of pain his life brought to too many people. However, he loved this girl he held in his arms.

 _He loved her._


	20. Chapter 20

**Cass Hyatt-Days of Wrath**

 ** _Chapter 19_**

Jarrod fell to his knees in the mud at his wife's grave. Tears didn't flow down Jarrod's face. He seemed stoic and in a state of shock. The oldest Barkley brother was so taken with grief that he couldn't move. Nick and Eugene grasped under each arm as they helped their oldest brother to his feet.

Heath stood in the distance watching the event unfold. He wasn't going to intrude on the family. However, he had his rifle ready in case the same person, who took Beth Barkley's life, was to try and take out any other Barkley. Heath noticed that Beth Barkley was being buried under a grove of trees. He already knew that Thomas Barkley's grave was under that same grove of trees. He figured that was where the Barkley graveyard would now be.

Heath noticed a man around the same age of Victoria standing near with a chubby lady on his arm. It was obvious that the man was Tom Barkley's family. He looked too much like Heath not to be. Then there was a tall man, who seemed to dote on Victoria. That man featured Nick Barkley. Heath surmised that man was related to Victoria. Perhaps, it was her brother. Another woman looked like Victoria enough to alert Heath it was the regal lady's sister. There were a few more people that stayed after the townsfolk and surrounding neighbors left. Heath figured those who remained were family. He had noticed the same people getting off the Stockton train a day or so earlier. It looks like the family had gathered around to show their support to Jarrod. Once again, Heath Thomson was at the edge of their lives looking in.

Fists clenched as Jarrod was helped into the surrey by his brothers . He stumbled slightly. Pain shot up his leg when his knee hit the edge of the surrey. However, Jarrod couldn't feel anything but anger. He had heard the murmurs during the funeral of some people spotting Cass Hyatt around town only a few days before Beth's shooting but the rumors weren't confirmed. Jarrod knew them to be true. Cass Hyatt had killed is darling Beth.

The only thing that stopped Jarrod from going after Cass Hyatt was his little baby girl fighting for her life back at the ranch. The baby was all that kept him from going over the brink of madness. Jarrod knew it. He'd do anything now for that precious infant girl. The girl, who looked like her mother, was his anchor to keep from murdering the likes of Cass Hyatt.

Heath scanned over the area where the Barkleys helped get the oldest Barkley son into a surrey. A few ranch hands would be called upon to cover the coffin with the rich soil that had been dug only the day before. Heath saw the Barkleys were safe then he headed back to the hotel where Allie Kay would be waiting for him. Allie Kay had become his conundrum. He had no idea what to do with the female. A gun for hire couldn't exactly take a female along on his journey.

Jarrod sat in the nursery holding his infant child to his chest. He rocked his baby. "Victoria Beth Barkley, your daddy sure loves you." Jarrod allowed his grief to dissipate momentarily as he held the baby close to his chest. "You make life worth living. Without you, Tori Beth, daddy wouldn't know what he'd do."

Sally Billings knocked lightly on the nursery door. "Mr. Barkley, I thought I'd try nursing her again before I head home for a few hours. I'll be back later tonight."

Jarrod nodded as he stood up. He allowed Sally Billings to sit in the rocking chair. The Billings were in need of financial help so Sally Billings asked if she could be hired on as Tori Beth's wet nurse. She was close enough to the Barkley ranch to go home each day for a few hours but stayed the night with the Barkleys for the time being. Her own child stayed in the nursery with Sally and Tori Beth at night.

Dr. Merar was downstairs with Victoria, Audra, Eugene, Nick and Maria Montero as well as the visiting family. He decided to stop by on his way from the funeral to make sure Tori Beth was faring well. Dr. Merar headed upstairs to check on the baby.

Jim Barkley handed Nick a drink. "That hired guard kept his eyes out all through the service. He sure was a diligent man. Can't figure out why but he looked very familiar. Has he been working for you long?"

"Hired guard?" Nick took the offered whiskey. "WE never hired a guard."

"It was that Heath Thomson." Maria spoke up. She had noticed him as soon as she stepped down from her carriage. "I thought the same. That the family had hired the man to keep watch over the service."

"I didn't see him." Eugene drew in a deep inhale of air.

"He was hidden pretty well." Ellen Barkley stated. "He looked so familiar. It was like looking at Tom when he was young."

"That's what it was!" Jim slapped his knee. "That man looked like my older brother when he was around twenty or so."

"That's because Heath Thomson is Tom Barkley's son." Victoria stated as she eased herself down in the settee next to her brother's wife.

"What?" Edgar Dean's face tightened at his younger sister's words. "What are you saying, Vicky?"

Victoria waved her hand slightly in the air. "Don't be dramatic, Edgar. We've known for months."

Victoria's sister, Abigail, had been privy to the information of Tom's illegitimate son as Victoria had visited her in Denver since Heath's arrival. Victoria needed her sister for a sounding board. Therefore, the youngest of the three Dean children stayed silent on the matter.

Jim Barkley squeezed his glass of whiskey in his hands. "Then why ain't the boy living here?"

"Please, Jim, surely you don't expect my sister to put up with the likes of him." Edgar protested as he stared at Tom Barkley's younger brother.

"It's not that." Audra straightened her dress. "Heath was sent away by our brothers not mother."

"We didn't know that Heath was truly our brother. Jarrod investigated after and we found out Heath's story was true." Eugene spoke up for his brothers and him in defense. "We thought he was a no account drifter looking for an easy handout."

"Doesn't matter now does it." Nick swigged back his drink. "The boy has made himself a protector of us for some odd reason."

Jarrod listened from the stop of the stairs. He decided not to go down and join the family discussion. He was exhausted and needed to try to get some sleep. He knew the sleep would be restless but he had to try for his Tori Beth.

"Seems to me the boy was trying to protect his family, who doesn't want him." Jim vented as he felt Ellen squeeze his arm tightly.

"Jim, this isn't the time to do this." Ellen realized the information would bare hard on Jim. He loved his nephews and niece tremendously. However, he always envied his older brother having children when he and Ellen weren't blessed the same.

"Heath is a hired gun, Jim." Victoria was too worn out to take on the subject of Heath Thomson at the moment. "I don't think a person like that needs to live in our home."

"Think about it. He kills for a living, Uncle Jim. Mother, as well as the rest of us, made the right decision concerning Heath Thomson." Eugene added quickly. He was still trying to defend their actions of turning Heath away.

Nick stared over at Jim. "I agree." Nick stated not really believing his own words. "The family made the right decision with Heath, Uncle. Even father wouldn't allow a hired killer to live among the family."

The muscle in Jim's jaw tightened. He noticed Audra had tears brimming her eyelids. "Do you think the same, Audra? About this brother Heath of yours?"

"Half brother." Edgar rebutted but Jim chose to ignore him.

"No." Audra admitted as she too ignored her uncle Edgar. "Heath does kill for a living but he draws on those who draw on him. He is a fast gun. But deep inside he's special. We didn't give him a chance to show us that side of him. Now, I fear it is too late."

Maria Montero stared at Nick as she thought of the blonde man named Heath Thomson. She was shocked to hear of Heath being a Barkley but a son born out of wedlock. She realized she found Heath to be one of the most attractive men she had ever seen in her life. He seemed too angelically handsome to be a cold hearted killer even if it was men drawing on each other. To Maria, it was so barbaric. Her attraction to the man was immediate. However, knowing he was a gun for hire and a illegitimate born person made Maria realize that a man such as that would never be anything more than a facade with a handsome face to hide the truth of himself. She chastised herself for ever feeling like such a man was even worthy of her finding him attractive.

"Jim, please. Enough talk of Heath." Victoria squeezed her brother's hand. He had laid it there as a comforting gesture. "I think this has been a very trying day. Why don't we all get a bite to eat. There are sandwiches, cooked dishes, anything you may want in the dining room. Silas has set up all the food that neighbors brought on the tables in a buffet style setting. Please, help yourself. I'm going to check on Tori Beth and Jarrod."

Jim Barkley placed his arms around his wife. He asked her to walk with him to the garden for fresh air. Once there, Ellen enveloped Jim in her arms.

"It hurts, Ellie." Jim buried his face in Ellen's hair. "I'd want that boy no matter what. Love can change a cold heart if that boy has a cold heart. I can't figure that he does though."

"You don't know that, Jim. Perhaps, Victoria and Tom's boys are right not to allow him in the family. He could be dangerous." Ellen chastised her husband for judging the Tom Barkley's family too harshly.

"Did you see the way the boy was standing back as if he was the guardian of them? No one can tell me a fella that fiercely protects a family that don't want him is coldhearted." Jim felt a few tears burn his eyes. "I'd love a son like that, Ellie."

"I would too, Jim." Ellen admitted. "But that may be why we're judging so harsh. We've wanted what Tom and Victoria have as far as children for years."

"Yeah. Maybe. I guess we need to be concentrating on Tom's oldest boy. Jarrod seems so lost." Jim took his wife's hand. "No more talk of what ifs. Let's show my brother's family we're here for them."

The next morning the family gathered for breakfast. Dr. Merar had spent the night due to Tori Beth's lungs sounding congested. He wanted to keep a close eye on the baby. An eerie scream came from upstairs. Sally Billings came running from the nursery holding the infant girl.

In a panic, the woman screamed. "She's not breathing! She's not breathing! Tori Beth is dead!"

Jarrod ran from his bedroom. He saw his infant daughter lying listless in Sally's arms. He felt like he was going to collapse when he saw Dr. Merar take his child from Sally.

"She's not breathing. Victoria, help me." Dr. Merar stated as he rushed into the nursery.

Unbeknown to Jarrod, Dr. Merar had the baby breathing again. He looked at a frightened Victoria. "Seems our little lady here had phlegm caught in her throat. She wasn't taking in air. Couldn't have been but a few minutes. Her skin was still pink in color. You need to check her from now on when you nurse her, Sally. Her lungs are weak but the mix of milk had her choking."

"I'm sorry. I didn't know." Sally had tears streaming down her cheeks.

"Now. Don't do that. You reacted fast and I was here. God works in mysterious ways. I'm glad her daddy wasn't here to witness this. That man has had enough to worry over to have witnessed his Tori Beth not breathing." Dr. Merar smiled.

"Me too, Howard." Victoria sighed with relief. "I'll tell Jarrod when he wakes up to check her for phlegm when he holds her."

"I'm going to show you how to tap on her back so she gets the phlegm up. It is actually a good sign that the phlegm is loosening. Gives me high hopes this little lady will make it." Dr. Merar took the baby and laid her gently over his knees. He patted her back while his hands formed in cuplike gestures. "Tell Jarrod to have this done at least three times a day."

"I will." Victoria took Sally's hand and squeezed it. "I don't know what Jarrod would do if he thought he lost his precious angel."

No one noticed Jarrod push past them before they hurried Tori Beth into the nursery. No one noticed Jarrod head to go to the gun room but Nick. However, Nick was unaware that Jarrod had seen his daughter not breathing. He assumed Jarrod was heading after Cass Hyatt due to Beth's burial the day before.

Nick grabbed Jarrod's shoulder. "Don't act rash now, big brother."

Jarrod's eyes flashed with hatred. "Leave me alone, Nick. Cass Hyatt is going to pay."

"You'll have to get through me first." Nick placed his hands on his hips then he reached for Jarrod's shoulder again. "Pappy."

Jarrod turned fiercely and sent a fist right under Nick's chin. Nick lay unconscious on the floor as Jarrod took off towards Stockton. He remembered the words of his uncle Jim as he walked away to go to bed the night before when speaking about Heath.

 _"_ _Seems to me the boy was trying to protect his family, who doesn't want him_."

Jarrod knew who he was going to get to help him kill Cass Hyatt.


	21. Chapter 21

**_Episode- The Murdered Party- Korby, Jacob, Emmet, and Alan Kyles_**

Chapter Twenty

The atmosphere was one that Jarrod Barkley wasn't used to. The smell of stale beer and cheap perfume stung his nostrils as he walked through the swinging barroom doors. Big Annie's was very different than Harry's. He had been in Big Annie's a few times looking for Nick.

The first time was to get his sixteen year old brother, Nick, from the establishment. Jarrod remembered keenly how Victoria begged him to go retrieve his mischievous teenage brother. She didn't want to tell Tom about Nick's adventure for fear the boy would be punished and not allowed to attend the upcoming cattle drive. Tom had planned the drive with just the two oldest sons in mind. Nick was more than excited to be taking the small herd on a fifty mile drive without their hands.

Victoria sent Jarrod on a mission to retrieve his brother before their father found out about the boy's misadventure. The oldest Barkley son felt uneasy going into the establishment then and he still felt the same uneasy feeling of not belonging in the loud raucous filled saloon plus brothel.

Jarrod was no saint by any means. However, he preferred the gentleman's way of hiring a lady for the evening from a much richer class of females in gentlemen clubs. Of course, that was before marrying Beth. He hadn't frequented even those type clubs since his marriage. He wasn't in Big Annie's for entertainment now either. He was searching the face of a brother again. Only this time it was the blonde rejected brother.

Jarrod sauntered up to the bar. His anger was visible in his pale exhausted features. He glanced around searching for the boy but couldn't find him. He hoped Heath hadn't already went upstairs with one of the girls. Jarrod had to admit, Nick was correct with saying that Big Annie's had some of the prettiest females around. However, not one girl added up to Beth in Jarrod's mind.

Big Annie Blesdoe ran her house with a happy go lucky air about it. She didn't like trouble in her place but it seemed to follow in the type of men that frequented her establishment. The woman wasn't called Big Annie because of her being obese. Her name came from her rather endowed attributes. The older female had been through a rough life of prostitution before finding a man just as rough as she was to take her in off the streets. Big Annie and old Clyde Blesdoe owned their own place now and she stopped her prostitution once her age caused men to start choosing the younger females.

Big Annie recognized the Barkley lawyer as soon as he walked in the door. She glanced over seeing the sneers from the table behind him. It seemed the counselor didn't notice or didn't care that the Kyles family sat just feet from him. They still blamed Jarrod Barkley for not taking Korby Kyle's case a few months back. However, Jarrod knew it was a losing battle when the train engineer came forward as a witness to the murder. Korby Kyle's trial was short in duration. He was hung within two weeks of the killing.

Big Annie wanted to keep down trouble best she could. After all, the platinum blonde wanted her customers to feel free to be rowdy without a fight brewing. She knew it didn't set right with Jarrod Barkley being in the place. He had just lost his wife a few days ago. She thought he was looking for comfort in the feel of a woman. Some men did that when grieving. It usually never helped.

"Counselor, Nick isn't here. He hasn't been by this week." Big Annie leaned over the bar placing her best attributes for the Kyle father to stare at. Maybe that would take his mind off of Jarrod Barkley. She didn't need a lawyer getting beat up in her place.

"I'm not looking for Nick." Jarrod tried to keep the anger from his voice. However, his rage was deep and he failed. "I'm looking for a man named Heath Thomson. Have you seen him?"

Big Annie's eyes whipped away from the Kyle family to stare at Jarrod. "I've seen him, counselor. You don't want to mess with him, Mr. Barkley. He's a gunfighter and good one." Annie leaned back as she poured Jarrod a whiskey without him asking. "Let me change that. He's the best I've seen in all my days. Believe me, I've had a lot of days in my life."

Jarrod squeezed the whiskey glass as he took in a deep ragged breath. "I'm not ignorant enough to challenge the man. I want to talk to him. That's all."

"In that case, Mr. Thomson is finishing up a poker game as we speak. You're lucky he didn't escape already upstairs with one of my finer girls. I am too." Big Annie chuckled with a wink at Jarrod. "That boy costs me more money than he buys in drink. The girls don't like to charge the boy. Their time with him could be spent with paying customers. Course, I guess in my day, I'd probably be the same with an angel that fine." Big Annie snorted as she laughed again. She was trying to make small talk due to her nerves on edge with the lawyer being in her place longer than he usually was. "Ironic such an ornery cuss looking like an angel."

"Can you tell Heath Thomson I'm looking for him?" Jarrod laid a few coins on the bar.

Annie rolled her eyes. "I'd take your money but here he comes now. Tell him yourself."

Jarrod started to speak but watched as Annie picked up a few of the coins to push down between her cleavage. As she did, she called for Heath. "Mr. Thomson, this man would like a word with you."

Annie winked before going about pouring other men some drinks. Heath stopped to stare at Jarrod. He wondered what the fancy talker needed with him.

"What can I do for you, Mr. Barkley?" Heath turned to address Jarrod. He walked slowly up to Jarrod before standing next to him by the bar.

"I buried my wife and my daughter died today." Jarrod's jaw twitched as he spoke. "I know the man who did this. But there isn't evidence to prove it. The sheriff said nothing was found."

Heath knew Jarrod was on the edge ready to fall over. He knew what it was like to fall off the edge. There was no coming back to solid ground after that. Even if the Barkleys didn't claim him as their own, Heath didn't want to see a good man like Jarrod Barkley fall into the abyss. Heath felt his own anger boiling to the surface. His niece had died. An innocent victim was taken.

Heath fiddled with a drop of beer on the bar. His finger slowly made the droplet disperse. "Do you want me to kill him?"

Jarrod's head snapped to stare at Heath. The young man asked it like it was the most normal question to be asked. Jarrod stared dumbfounded at his little brother. Jacob Kyles swigged back his cheap beer before alerting his sons, Emmet and Alan, that it was time to go. He had heard all he needed to hear. They left without Jarrod noticing them. Heath wouldn't know they were important as he wasn't around for Korby Kyle's trial.

"No." Jarrod's answer came as a surprise for Heath.

Heath arched his eyebrow. "Then why are you seeking me, Mr. Barkley?"

"I want you to teach me how to kill like you do. I want you to tell me how to make it legal." Jarrod's blue eyes iced over. His teeth gritted as he spoke. "I want to kill the man myself!"

Heath shook his head. "He'd be just as dead if I did it. Makes no sense getting your hands dirty when I can do it a lot quicker with the same results. Besides, I'll do it …" Heath scratched his whiskered chin. "...what is the words you lawyer type use, pro bono. No charge."

"No!" Jarrod's voice rose slightly but not enough to call attention to them. "I want to do this! I have to do this."

"You don't have to do anything. Once you cross that line, you can't step back over it. It isn't a line that anyone with good conscience wants to cross." Heath stared deeply at Jarrod. He wanted the man to understand. "I won't be a party to doing that to you or your family."

"I have no family. My life was over when my wife and daughter died." Jarrod's voice shook slightly at his own words. He loved his brothers, sister, and mother. However, he felt so lost without Beth and Tori Beth.

Heath calmly turned to walk away. "I'll kill him for you but I won't help you ruin your own life."

Jarrod quickly followed Heath out of Big Annie's. He watched as Heath handed a dark haired girl some money. Jarrod realized the girl was the stranger, who Dr. Merar said played an important part in saving his daughter at birth.

"Get a room, Allie Kay. I didn't win enough for two rooms." Heath told the girl. "I'm sorry. I have enough for a room with two beds. I don't feel like sleeping on the floor tonight."

"I can sleep the floor if you want to save money, Heath." Allie Kay took the money as she peered up at Heath. Jarrod noticed the look of adoration coming from the beautiful female.

"No. My mama would've skinned my hide if I let a lady take the floor. I'll make more on another game down the road." Heath flicked Allie Kay's nose gently. "Go on."

Allie Kay bit her lip. "You're not staying at the saloon with one of the girl's tonight are you, Heath?"

"Not tonight. I wish you'd quit bringing that up." Heath crossed his arms over his chest.

"You wouldn't understand." Allie Kay murmured as she walked away. Unfortunately, Heath understood all too well.

"Are you going to help me or not?" Jarrod watched the girl scurry away towards the hotel.

"No." Heath stated matter of factly. "I'll kill him. That is what I do for a living."

"Then I'll do the job without your help." Jarrod angrily marched off to mount his horse.

Heath cursed as he watched his brother ride away. He said outloud but to himself. "Guess I better tell Allie Kay she can get one bed for the room. I have have to go save my oldest brother from making a huge mistake."


	22. Chapter 22

**Author's Note: I noticed in the episode Days of Wrath, Nick asked Heath if he wanted to rest. Heath said no and Nick's pride of not being bested by his younger brother caused him to say that he didn't either. So this is kind of based on that scene in my what if...story.**

 **Episode-Days of Wrath- Zach Frain, Doc Saxton, Cass Hyatt**

 ** _Chapter Twenty-One_**

Sweat slowly ran down from Heath's forehead to his eyes. He wiped at the offending liquid with the back of his sleeve. The burning of the salty substance was causing him to not think straight. He had to admit that he had misjudged the whole situation. He had misjudged the fancy talker.

Heath had changed the room to a one bed hotel room that cost lesser money. He had told Allie Kay to rent the room for a week. He didn't know how long he'd be gone. Then he went about trying to gather more money so she would have food to eat for the week and extra money in case she needed it. Not to mention, he needed some cash as well. He had succeeded in another poker game that gave her what she needed to rent the room and more. He was sure that it wouldn't take a week but he was worried that trouble may come up that he hadn't expected. Something came up that he hadn't expected alright. That was his lawyer brother was a much better tracker and hunter of man than Heath would ever have guessed.

Heath figured , with those lily white hands of fancy talker's, that Jarrod Barkley did little of his own leg work. Heath thought Jarrod would hire Pinkerton detectives if he needed a man found such as he did with Heath. He had underestimated Jarrod's need for vengeance. The lawyer was well on his way to reach and kill Cass Hyatt.

Heath followed at a brisk pace. Unfortunately, Heath's underestimation of his older brother had Jarrod farther along than Heath had anticipated. That messed up Heath's plan. He had planned to hunt Cass Hyatt and draw the man in a gunfight before Jarrod could get to him. Cass would be dead before Jarrod showed up to kill him. Jarrod's wife and daughter would have the justice they deserved. Jarrod would be the man who could still look in the mirror at his own reflection.

Heath cursed for taking his time about heading out. There was nothing he could do about that now. He only prayed he wasn't too late. Heath released a derogatory snort from his mouth. _Praying_. Now that was something he hadn't done for a long time. Maybe since he was in that hole of a prison in Carterson. God had brought him out of that place alive. Heath didn't figure God listened to him now. _Surely, God didn't listen to bastard gunfighters._

Heath knew that Charger could do with a rest. He figured Jarrod had rested up his own horse. That just may be the advantage Heath needed to at least catch up with fancy talker. Charger had made it farther without rest than the distance to Rimfire. Therefore, Heath knew he could push his horse that far without any damage to his beloved animal.

Heath had spotted Nick and Eugene in town before he left. They were going to stop Jarrod from his path of destruction too. Heath was glad he would have allies in this effort to save a brother set on destroying himself. Heath's estimation was that Nick and Eugene were about five miles behind him. They would be there to help.

Heath was sure the two brothers would have a better time of getting Jarrod to listen than he would or he did. Heath still hated that Jarrod didn't take him up on letting him kill Cass Hyatt. Heath only hoped that the brothers, who claimed one another, would talk some sense into the lawyer.

Heath could imagine how it would all take place. Loudmouth would be ranting to fancy talker. The confused one would be nodding his head in agreement while adding a few words of wisdom mimicking loud mouth's words. While they did stop fancy talker, Heath, the child of none, would do his best to get Cass Hyatt engaged into a draw. It just might work with the two other Barkleys being there to aid him.

Heath dismounted Charger at the sight of the hoof prints of Jarrod's horse stopping. Heath checked around the area. He shook his head. Heath touched the brown grass where it looked like a body had rolled in. There was a few drops of blood mingled in the dirt. It looked like Jarrod was winged. The wound couldn't be too bad because there was little blood. Or he could be shot with a bullet still in him.

Heath didn't like that Jarrod may be shot with a bullet still in him. That could be deadly. If Jarrod was winged by a bullet, it gave Heath an unsettling hope that it would slow Jarrod down enough to get there before he killed Cass Hyatt.

A little way farther, Heath noticed the signs of a camp fire. He picked up a few pieces of burnt wood. _Cold_. The fire had gone cold. That caused difficulty in estimating how far ahead Cass Hyatt was from Jarrod and himself. Heath remounted Charger and pushed him into a steady gallop.

He leaned down to state to his horse. "I'll get you a good night's rest in the town livery and a whole bucket of oats for this trip." Heath promised his loyal horse.

Charger blew air from his nostrils and nodded his head up and down as if understanding his owner. Heath chuckled as he scratched behind his horse's ear. He once again felt a need to reach his older brother before Jarrod became the kind of man that hated himself. The kind of man that Heath had already became.

Back on the trail, Nick pulled Coco to a halt. He leaned over slightly and breathed out tiredly. "Would you like to take rest awhile?"

Eugene let out an exhausted breath matching Nick's. "Yeah. This looks like a good place to rest. There is some nice fresh water. We can refill our canteens with cool water. Last time I took a swig, my water was beyond tepid."

"That's what I was thinking." Nick dismounted Coco and stretched his back. "I'm sure we still have time. Jarrod ain't gonna do anything that could get him in trouble. He believes too much in the mighty justice system. I just hope that Hyatt doesn't hurt our brother before we get there."

"I'm sure Jarrod is too far behind Cass Hyatt to be in too much danger. Nothing is going to happen in five or ten minutes of resting up and letting our horses get refreshed." Eugene agreed as he took the canteen from his saddle horn.

Jarrod woke up to a fierce headache. His eyes looked glazed with anger. Questions bombarded his thoughts. _Where am I? What happened to me? Am I still on the trail of Cass Hyatt?_

The lawyer didn't look like himself. He looked half mad with hate not to mention his attire was in shambles. Jarrod looked up to see a tall lanky gentleman enter with a shorter younger man behind him.

"Good morning, Mr. Barkley. I'm Doc Saxton and this is Zach Frain, the town sheriff. I found your name in your wallet."

Jarrod's first question was said with confusion. "Where am I?"

The rest of the conversation was not filled with confusion. Jarrod Barkley told between clenched teeth how he was going to kill his wife's killer. He didn't care what was thought by the men in the room. He didn't care what he was saying that would incriminate him. Cass Hyatt would be a dead man as soon as Jarrod Barkley was able to make that happen.


	23. Chapter 23

**Note: sorry so short. Having internet connection problems with my laptop.**

 ** _Chapter 22_**

Jarrod's anger and rage had him acting like a stranger even unto himself. He had paid the town sheriff to release Cass Hyatt so he could kill him. Jarrod wanted the man to draw on him as he had seen Heath goad Evan into drawing. He knew that his how Heath got a man to act so Heath could kill him. Heath studied the target and took from the cues to get the man riled up enough to have him draw. Jarrod's rage didn't allow him that luxury.

Cass Hyatt's cowardice didn't allow Jarrod that luxury either. Cass Hyatt threw away his gun in order to keep from having to face Jarrod. Jarrod's threat of killing Cass with his bare hands had Cass confessing to killing Beth.

"I swear. I wanted you dead not her." Cass held his arms up in a panicked surrender. "I swear. You took seven years of my life."

"You took my whole life." Jarrod marched closer to the frightened man. "I wish it had been me."

"Honest. I didn't mean to kill her." Cass backed away from the very wrathful Jarrod Barkley.

Jarrod's forehead dripped with perspiration. He wanted nothing but to bring justice to his wife and his daughter. Even with the confession, Cass Hyatt could claim he was acting only to save himself from the mad man trying to kill him. Jarrod stepped a few steps closer. His fists clenched at his sides.

"My daughter died as well!" Jarrod grabbed Cass Hyatt by his collar. "You killed my wife and child!"

The look in Cass Hyatt's eyes were not of regret but of fear for himself. There was no redemption wanted by the man. He didn't care that he had killed innocent victims. His own concern was for his own survival. There was no sincere apology. There was no apology at all. Instead, Cass Hyatt's emotions were written plainly on his face. He didn't care for any one's life but his own.

Suddenly, Jarrod's mind snapped. He saw nothing but black around him. He felt as if he were in deep miry puddle of mud. He felt as if he was sinking deeper and deeper. He couldn't hear the voices around him as he felt his throat become thick and his heart constrict. Saying the fact that his beloved wife and child was dead had him facing the deepest darkest hurt in his life. Even with his father's murder, nothing felt this foreign and this heart wrenching. Jarrod had no thought of time or action. He didn't see anything but a thick dark fog that engulfed his entire being.

He whispered in a murmur. "Beth….Beth...Tori Beth…"

A sound shattered the darkness around him. His body shook uncontrollably as he came back to himself. He stared down at the man who he gripped in his hands. Cass Hyatt was soaking wet up to his shoulders. Jarrod frowned wondering how that happened. Then he looked at the blood that ran down his own hands as he held the dead man. _Blood? Where did the blood come from?_

With a blink of his eyes, Jarrod came even closer to reality as he noticed a single gunshot wound to man's forehead. Then Jarrod fell to his knees still holding the lifeless Cass Hyatt with his long fingers clasped around the dead man's throat.

Nick and Eugene brought their horses into Rimfire in a quick gallop. There was an odd silence enveloping the scene before them. Eugene's eyes widened when he saw his oldest brother weeping as he held onto a lifeless Cass Hyatt. Nick gulped unsure what happened moments earlier.

Nick dismounted quickly followed by Eugene. Both brothers ran to Jarrod to pry his hands free from Cass's cold dead body. On the ground in front of the sheriff's office, the three brothers formed a circle of an embrace as Jarrod wept uncontrollably.

"I killed him." Jarrod looked up at Nick then glanced at Eugene. "I killed him in cold blood. With my bare hands, I killed him. I'm not sure how but I did."

"He was shot, Jarrod." Eugene explained. "Your gun is in your holster. You didn't kill him."

"I don't understand." Jarrod rocked back and forth on his haunches. "I remember him admitting killing my Beth. He meant to shoot me. It all went black after that. But I think I killed him."

Nick glanced at Heath, who was standing with his pistol in his hands. He had seen the whole thing as he was in front of Eugene. He knew the truth. _But why did the blonde gunfighter shoot a man already dead_?

The sheriff walked up to Heath. He stuffed a wad of money in the man's pocket. "Don't know who you are or what you just tried to prove with that shot but this is the man's money not mine." Heath's jaw muscle twitched as he stared at the sheriff. "I killed the man is all. Don't like his type because he is a killer of the innocent."

Sheriff Zach Frain shook his head back and forth. "I don't know what you're trying to pull, son. But I saw what happened."

Heath took in a large intake of air. He stared at the sheriff without batting an eye. "I killed Cass Hyatt. It is that simple. I shot him right between the eyes."

Heath handed his gun to the sheriff as he spoke sternly. "I have no family, Sheriff. I'm what folks call a child of none. Ain't anyone gonna grieve if I'm hanging by the neck." Heath's mind flitted to Allie Kay and Audra. He tried to ignore the reminder of those two. He figured Audra would get over it and would prefer Jarrod alive to him and Allie Kay was beautiful and strong. "That man over there has family who love him. Do I make myself clear?"

The sheriff nodded his head as he glanced over at Jarrod Barkley. "Yes. Very clear."

In a low monotone voice he whispered. "Is there any charges against Jarrod Barkley?"

The sheriff inhaled then exhaled. "I don't see any."

He took Heath's other gun before handcuffing him. He stared at the blonde man admitting to a killing he didn't commit. "But why?"

Heath felt his throat tighten at his own words. "Because he's my brother."


	24. Chapter 24

**_Chapter 23_**

After settling his older brother into a hotel room for the night, Nick Barkley ordered his younger brother, Eugene, to stay with Jarrod. He needed to send a telegragh to his mother. He would tell her Jarrod was fine. Heath Thomson was arrested for the murder of Cass Hyatt.

The oldest Barkley son was completely confused and disoriented. He was insistent about not remembering what happened yet he believed he was the one that killed Cass Hyatt. Nick entered the hotel room hearing his oldest brother's words.

"I can just feel it, Gene. I can." Jarrod's face was displaying fear and doubt. "I killed a man in cold blood."

"No, Pappy." Eugene held onto Jarrod's forearm. "I saw it. Heath shot the man. It was a clean kill. I wouldn't lie to you, Pappy. Heath killed Cass. He shot him right between the eyes as you were holding him. I promise."

Eugene was telling the truth as he knew it. He had ridden in behind Nick. He only saw Heath pulling his gun and then glanced to see Hyatt's head jerk back from the impact of the bullet. He was convinced that Heath killed the man and Jarrod was in shock due to holding the man as he was shot.

Jarrod glanced up to stare at Nick. His wounded eyes asked for confirmation of Eugene's story. "Please. I want the truth. Heath can't hang if he didn't do this. I don't want him to hang even if he did. But I have to know the truth either way."

Nick crossed his arms over his broad chest. "Eugene is right about one thing. Heath Thomson shot that no account…." Nick didn't feel the word he was going to use was worthy of Cass Hyatt. After all, Heath had been called that name all his life. "..Cass Hyatt right between the eyes. The sheriff told me he confessed."

"Does that mean there won't be a trial?" Jarrod's voice shook slightly. He rubbed his eyes trying to figure out why he had a nagging guilt if Heath was the killer. He surmised it could be because Heath killed the man for him. "Our little brother is going to hang for killing a man just because I wanted him dead."

Eugene glanced up at Nick. It sounded so natural for Jarrod to call Heath the name of little brother. Eugene thought Nick's face seemed disturbed by the words but the fact was Nick was disturbed about knowing the truth. Nick didn't know what to do. On one hand he had a brother he had known all his life. His Pappy. The man had killed another man in a violent rage. Then there was this new brother. A man who claimed the kill to protect a brother who once denied acceptance of him. He wasn't about to let Jarrod hang but could he allow Heath to hang knowing the truth?

"Why don't you get some rest, Jarrod?" Nick patted Jarrod's lower leg. He handed Jarrod a glass of water. Jarrod didn't realize it was laced with some powders to help him sleep. Nick had requested them from the local doctor after he sent the telegraph to Stockton.

Nick left after Jarrod was sleeping soundly. Eugene also readied for bed. Nick didn't explain where he was going but made his way towards the sheriff's office.

The sheriff sat at his desk contemplating what had happened a few hours earlier. He had no clue what to do about the situation. If Jarrod's strangling Cass Hyatt to death was all that happened, it would be easy to cover. There wasn't many witnesses to that. Those that did see it weren't close enough for the sheriff not to claim self defense for the lawyer. However, when the blonde cowboy pulled the trigger to look like he was the one to kill, that caused too much attention. Someone had to be blamed for the murder and it seemed the blonde man was taking it on himself to decide who.

The sheriff rubbed his fingers in circular patterns across his temples. Things weren't adding up with the blonde in the jail cell and the lawyer. Although Jarrod Barkley had road into town looking like a mad man set on vengeance, it was still obvious the man had wealth due to his clothing and gear. The young blonde looked of less good fortune. How could they be brothers? Not only the difference in wealth but the blonde was extremely good with a gun. Not to mention, the blonde said his name was Thomson not Barkley. Yet, in secret, the blonde had said that Jarrod Barkley was his brother.

That was it. The sheriff's realization hit him hard. The blonde was a family secret. He wasn't claimed by the wealthy Barkley family. Why would the boy claim a kill for a brother to a family not claiming him? The sheriff thought he may have it all wrong. However, his confirmation was clear when Nick Barkley strolled into the office.

"Do you want to see your brother?" The sheriff set up straight in his chair. The wood of the old chair strained as he did.

"What?" Nick's eyes widened at the sheriff's words. "What are you talking about?"

Sheriff Zain rolled his eyes. The kid was going to hang for something he didn't do to protect the great Barkleys. Yet, a brother was acting like it was a false statement of Thomson being a brother.

"Sorry. I assumed you knew he's your brother. After all, who would do what Mr. Thomson was doing if not family?" The sheriff watched Nick's face pale at those words.

"I wasn't denying him being my brother." Nick plopped down in a chair in front of the sheriff's desk. "I wasn't aware you knew is all. We denied him a while back. Worst mistake of our lives." Nick fiddled with a loose strip of wood on the desk. "I take it ya saw what I did?"

The sheriff nodded. "Yeah. Don't know how to fix it. That boy won't quit saying he was the killer. Don't reckon it would do any good to tell the truth. Heath Thomson will be transported to Stockton for trial, if there is one. Our big trials take place there. We are too small a town for a prosecuting attorney. "Phil Archer will want the boy hung. I figure he'd rather have a sure win than have to fight against the reputation of a Barkley. No less a well known attorney. Besides, the Doc informs me that your older brother don't remember a thing that happened."

"He doesn't." Nick admitted. "I don't plan on telling Jarrod either."

The sheriff raised his eyebrow questioningly. "Even at the expense of another brother. Is the trade that easy to make?"

Nick jumped up at the sheriff's words. He began to pace. He threw up his hands in the air. "#$$$ ! I don't even know that boy in there!"

Nick knew that was a lame excuse. But how did anyone expect he trade his beloved older brother for a brother he barely knew. Jarrod had a family. He had a daughter. Heath was…. Nick remembered Heath telling him a few weeks back that he was a child of none. That fit perfectly. Heath's death would make a much less impact on the family. Wouldn't it?

The sheriff watched the dark haired rancher battling his own demons of the truth. The sheriff wanted answers to the questions about the blonde. It may not be his business but he was going to make it his business. Since he had locked the blonde cowboy up in the cell, the boy was strangely quiet and calm. It seemed the boy knew he sealed his fate and was determined to do so. The sheriff longed to know how a man could accept death so easily. Especially the young man, who seemed to have survived more than his fair share of trouble. The sheriff had seen the scars on the boy's back when the boy washed up after the sheriff gave him some water to do so. The sheriff didn't figure there was a need to make the boy suffer more indignity than a cell would already do. Therefore, he let Heath wash up before laying down. The sheriff even sent for clean linens to place on the jail's bed. Yes. The sheriff wanted answers about the silent blonde in the cell.

"How long have you known of the boy?" The sheriff watched as Nick halted his pacing.

"A few months. Almost six….maybe more." Nick raked his gloved hand through his unruly black hair. "Well. I guess know him is a bad choice of words. Known of him is more like it. He road in claiming to be our brother. A Barkley."

"I take it that he was denied that claim." The sheriff leaned back placing his feet on his desk. If he was going to be a part of allowing this ruse, the blonde was going to be known by him. At least as well as a dead man walking could be known.

"Yeah." There was an edge of guilt in Nick's voice. "Ran him off. Of course, my...our big brother didn't let it die at that. He had Heath checked out. His claims were true. Our own mother saw it. He looks more like our father than any of his legitimate sons. I wanted to deny that too. Just wanted my father to be perfect. I guess. We looked for the boy after we knew his claims were true." Nick knew he was making excuses. He didn't even know why he was telling the sheriff the story at all. He supposed Heath deserved that much. "But…"

"But?" The sheriff knew he was pushing it with the dark haired rancher. But he pushed anyway.

"Heath isn't a fit for our family." Nick didn't know how to explain it. "He's dangerous."

"I saw how the boy used a gun. I figure he makes a living with it. Can't get that good unless you practice it or use it. I don't see a fella like the boy wasting his time shootin' at cans." The sheriff never took his feet down as he stayed in a relaxed position. "However, how is he dangerous to your family? His family? Seems to me the boy is actually more of help than a hinderance."

Nick closed his eyes as he thought of what Heath was doing for his own brother. "Seems so."

"Why don't you see if that boy will talk to you? I reckon I'd want to know a man like that if he were my brother." The sheriff allowed his feet to hit the floor with a thud as he jerked keys from his desk drawer. "Before it is too late."


	25. Chapter 25

**_Chapter 24_**

Nick stood stoically staring at the back of his blonde brother. His gut hurt deep inside when he thought of what the young man was doing for his family. A family bent on keeping him out was getting this young man's total loyalty.

"Don't just stand there. Say what it is ya got to say." Heath's calm voice startled Nick from his thoughts.

"I can't see you hang." Nick said what was foremost in his mind.

"I killed a man. Gotta hang for it." Heath rolled over then sat up as he spoke. His shoulders slumped due to his exhausted state.

"I saw what happened, Heath." Nick pulled up a chair, that the sheriff had sitting on the outside of the jail cell. He sat down cautiously.

Heath quirked his eyebrow as he stared ominously at Nick. "Would ya be willing to let fancy talker hang instead?"

Heath allowed his head to drop back down knowing the answer. No use denying the truth of it. He'd feel the same if he were in Nick's boots. A no account gunslinging brother for a fancy talking , do good lawyer brother wasn't too hard to trade.

"Fancy talker?" Nick snorted lightly. "Yeah, that fits Jarrod." Nick shook his head no. "Can't see that happenin' either. He has a little girl that needs her Pappy as much as the family does."

Heath's head snapped up to once again to stare at his older brother. "His daughter is alive? Jarrod thinks she's dead."

"What!" Nick practically jumped from the chair. The chair clattered against the cement floor outside of Heath's cell. "Little Tori Beth is doing great. Dr. Merar said she has a real good chance now. Why would Jarrod think his daughter is dead?"

"Can't rightly say. To be honest. I just know that was one of his reasons for wanting Cass Hyatt dead. He didn't feel he had much to live for with his daughter gone and his wife." Heath drew in a deep shattered breath. "I don't want no child growin' up without a pa. Bad enough that the little girl has no mama. But no pa on top of that…." Heath shook his head. "I ain't changin' what I told the sheriff if that is what you're fearing happening. I will stick to me shootin' Cass Hyatt. Your older brother is safe."

"I'm worried about my younger brother too." Nick stared deeply at Heath. "I made a mistake months ago, Heath. You've proven your family. You've proven you're a Barkley and my brother."

"That's just it, Nick." Heath laid down and then rolled until his back was facing Nick once more. "I am a Barkley. I shouldn't had to prove that to anyone. Once you got that report on me it proved it enough. I'm sure that Pinkerton agent did a good job. What I'm sayin' is that my actions shouldn't matter on the subject. Good or bad. I am Tom Barkley's son. Your brother. I didn't ask you to prove you're a Barkley or my brother. I just know just as I know what I am. Yeah, you were born with the name. Don't make your blood more Barkley than mine."

Nick leaned his forehead against the cold steel of the bars. He closed his eyes warring with himself. His heart ached so deeply it felt as if it were not only mental anguish but physically pain. "I don't want to see you die. It hurts knowing what could have been."

"Don't do this." Nick heard Heath's words and felt the younger man's hands touch his briefly. Nick hadn't even heard the young man get up from his cot no less approach him.

Hazel eyes met blue in a deep stare. The connection caused both their breaths to hitch in their lungs. Nick felt his knees weaken. Heath wanted to deny the instant connection.

"You're my brother. I made a mistake. Let me get to know my little brother." Nick's voice came out in a pleading tone catching both Barkleys by surprise.

"Like I said don't do this. Ya can't get to know me, Nick. It is too late for that." Heath went back to the cell bed. "It won't make it any easier for you or me if we get to know one another now. Jarrod has a daughter. He has a family."

"You have a family too." Nick squeezed the bars tightly. His knuckles whitened under the pressure. He couldn't fathom Jarrod hanging but he didn't want this brother dying either.

"I buried my family." Heath's words had a duplicity to them. Nick understood. On one hand, Heath had buried the three women that had been his family his whole life. On the other hand, Heath had buried all feelings for the Barkleys the day they turned him away.

"I'm going to think of something." Nick told himself as he turned to go. He had no idea what that something was but he needed to save this brother. He needed to know this brother.

Back at the hotel, Eugene was dealing with his older brother. Jarrod seemed to be lost in one nightmare after another. The man would wake up screaming about killing in cold blood. Eugene would talk him into calming by reminding him that Heath Thomson killed Cass Hyatt. It went on and on until Eugene finally slipped Jarrod some more of the powders to make him sleep.

Walking into the hotel room, Nick noticed Eugene's weary countenance. "You look tuckered out, Gene."

"Jarrod has been having nightmares. Seeing things that aren't real in his dreams." Eugene allowed his body to drop on the bed beside Jarrod's bed. "Where have you been? I could've used your help with him."

Nick closed his eyes as he slumped down into the soft cushions of a large chair beside the window. "Visiting with another brother."

"Heath?" Eugene watched as his question was answered with a nod from Nick. "How is he doing?"

Nick blew out air then stood to pace. "That's just it, Gene. That boy is ready to nail his coffin shut without a care in the world. Heath knows he's going to hang and has resigned himself to do so."

"You mean there is no fight in him." Eugene twisted a rag around in his hands. The rag had been used to wipe down Jarrod after his nightmares.

Nick's jaw muscle twitched as he stared silently out the window. The fact was that there was plenty of fight left in the blonde brother. The Barkley stubbornness was ten fold in that one. The fact that Heath was resigned himself to hang for Jarrod was proof of that. Heath was fighting alright. He was fighting to save a brother with his own life. Heath said he had no family. If that wasn't family, Nick didn't know what was.


	26. Chapter 26

_**Chapter 25**_

Jacob Kyles couldn't believe his good fortune. He had heard the news spreading around Stockton of the shooting of Cass Hyatt. The news had spread quickly that the famous gunfighter, Heath Thomson, was responsible. Didn't make much sense to most when the news was spread. Thomson was the type to wait out his next victim until it was legal to kill the man. Shooting a man in cold blood wasn't Thomson's style. Yet, there were too many witnesses and Heath Thomson's confession that was the truth of the matter to most. To most but Jacob Kyles.

Jacob Kyles had a more pressing concern. He was still angry that Jarrod Barkley had refused to represent his son, Korby Kyles. This was his chance to show the high and mighty Barkley what not helping a Kyles could bring about. Jacob Kyles grinned a grin that sported rotted teeth and malicious thoughts. He stuck out his chest, which only caused his large stomach to protrude more. Then he spit in his hand and wiped it through his hair. He slicked his hair back trying to look presentable to the man just inside the fancy oak door. He knocked.

Phil Archer flipped through the notes taken by the sheriff of Rimfire. His assistant had retrieved the notes as well as informed Mr. Archer that Heath Barkley would be on his way tomorrow with a posse. The posse inclued two deputies and all three Barkley brothers.

According to the notes, it seemed it was an open and shut case. He would have a plea from Heath Thomson by tomorrow afternoon. The man would be hung three days later. Phil Archer released a bored breath. Wasn't much to do around Stockton since taking over District Attorney. He loved the feeling of arguing a case in court. He loved bringing justice to those from the hardened criminal to the elite in society. This was a case of a hardened criminal as far as Phil Archer was concerned. Heath Thomson's list of men, who died by his gun, was long. Phil Archer doubted he even had the whole list. Heath Thomson's life had finally caught up to him. Justice would be served.

A knock on the door startled the man. He looked up and called out. "Come in."

Phil Archer's eyebrow shot up at the sight of the overweight man standing before him. Mr. Archer demised immediately that this man's appearance told of his laziness.

"I need to speak to ya." Jacob Kyle tried to contain his glee as he placed his thumbs in the sides of his bibbed overalls.

"About?" Phil Archer leaned back in his office chair. He had no idea what the man could wan with him.

"Well, it's about the killin' of Cass Hyatt. I have some information that ya might find interestin'." Jacob Kyles swallowed before adding. "It involves the Barkleys."

Phil Archer stood up quickly. He gestured to the chair in front of him. "Sit down. Please."

Jacob Kyles nodded as he plopped his obese body into the too small office chair in front of Phil Archer's desk.

"Please. Tell me what you mean." Phil sat down as he leaned on his elbows pn his desk. He arched his head towards Jacob Kyles.

"Well, my sons and I…." Jacob leaned back readying to tell his tale. "..I got two of 'em left."

"Sons?" Phil Archer questioned. He was answered with a nod of Jacob Kyle's head.

"Mmmhmmm. Anyway, we was getting us a drink down at Big Annie's a few days back. Mr. Thomson, the gunfighter was there. He was playin' poker. The man is good in a card game as much as he is good at shootin'. Any how, Jarrod Barkley comes in lookin' all angry and stuff. It ain't no secret his wife was killed not long ago." Jacob Kyle paused to make sure Phil Archer was listening to him.

"Yes. We all know the story. Cass Hyatt was rumored to be responsible. Personally, I thought that Jarrod Barkley would take revenge for the death." Phil Archer swallowed hoping the man's story would lead somewhere.

"Don't know much about the law. Mind ya. But figure that iffin' a man hires someone to kill someone, he's just as guilty as the one killin'. Ain't he?" Jacob scratched his chin hoping that was the case.

"Yes. He is." Phil could feel what was coming next. He waited patiently for his case to take on a spin that could bring him fame. He didn't want to be accused of leading a witness.

"Well, my boys and me heard Jarrod Barkley askin' for Heath Thomson." Jacob sniffed before wiping his nose on his sleeve. "Annie yelled for Mr. Thomson, the gunslinger. We heard Heath Thomson plainly talking about killing Cass Hyatt for Jarrod Barkley."

"You and both your boys witnessed this conversation?" Phil stood up and began to pace. "Are you sure, Mr. Kyles?"

"Yep. We all three heard as clear as day." Mr. Kyles stood up. "Mr. Barkley hired Heath Thomson to kill Cass Hyatt. I don't think much of a man that would kill a woman if Hyatt did that. But to take the law into your own hands...well, it ain't right. Even with someone as powerful as a Barkley. Heath Thomson is rumored to be on their payroll to kill before. Of course, that ended up all legal like. I guess Heath Thomson got paid a mighty big fee for this kill. Reckon he didn't think or care about witnesses this go round. I want the gunfighter hung but don't seem fair that a Barkley should get by without swingin' too."

Phil took a deep breath and stared at Jacob Kyles. "You and your boys are willing to testify to such?"

"It is the truth." Jacob Kyles defended himself. He knew what he heard that night a few days ago. Jarrod had been talking of Thomson helping him kill Cass Hyatt.

"I believe you." Archer held up his hands in defense. "I was just making sure you and your sons were willing to testify to the fact if it comes to that."

"Sure we are." Jacob Kyles adamantly stated. "It is what we heard."

"I wonder why Heath Thomson would need money so desperately that he'd kill in broad daylight even if he was paid." Archer was talking mostly to himself. He didn't mean for Jacob Kyles to answer the question. However, Jacob Kyles had an answer that more than set Archer on the path to convicting Jarrod Barkley for hiring Heath Barkley for murder.

"Maybe it has something to do with that gal that Heath Thomson keeps at the hotel. According to Rance Kendall, that boy is on the Barkley payroll as a hired gun. Maybe that there gal knows why." Jacob placed his hand over his stomach as he shrugged. Then the man walked out feeling he had finally brought revenge for the hanging of his son. His son was refused council by Jarrod Barkley. Korby Kyles may have been guilty but Jacob thought Jarrod should've at least tried to help his boy.

Phil Archer's stomach flipped with excitement. It was a known fact that Heath Thomson was an illegitimate born person. His mind rolled over and over thinking of a scenario of why Heath Thomson would be willing to kill and hang for pay from the Barkleys. Then it dawned on him. Everyone in town knew of the beautiful girl that Heath Thomson kept at the hotel. He protected her. He took care of her. She was never out of his sight unless she was hold up in his hotel room alone.

Maybe just maybe that beautiful young girl was carrying the bastard of a bastard. That would be something that made Heath Thomson willing to die to make sure his child didn't live the life that he most likely did. There was no other explanation for Heath Thomson to kill Cass Hyatt in cold blood but for the girl and perhaps a child. The Barkleys probably made promises to take care of this girl if Heath took care of their problems with his gun.

To Phil Archer, there was no other explanation that fit.


	27. Chapter 27

_**Note: Sorry for the long delay. Computer problems kept me from updating. I hope to update at least weekly now that I have my laptop back. Thanks for the continued support.**_

 _ **Summarizing story so far...This is a what if type story. What if the Barkleys never accepted Heath and sent him away? How would all their lives be changed? This story is written in flashback form and is still not at present for our Barkley brothers or should I say Thomoson brothers? Heath is a gunfighter. He has appointed himself protector of the family that denied him. He is also a womanizer but has fallen in love with Allie Kay (episode Invaders) but is in denial of that. He is claiming to have killed Cass Hyatt (Day of Wrath) but Jarrod killed Cass in a rage of temporary insanity.**_

 _ **Chapter 26**_

Jarrod Barkley wept as he held his infant daughter to his chest. He felt his heart both beating with love and breaking with pain. He had tried to kill a man thinking his daughter was dead. _Or had he killed a man?_

Jarrof still had flashes of seeing Cass Hyatt's dead eyes as he held him by the neck. However, no sooner had he stared into lifeless eyes then Jarrod would jerk at the memory of bullet hole appearing on the man's forehead. The slow trickling of blood that began to pour from the wound as Jarrod's grip on Cass Hyatt's neck loosened. The blood intermingling with the water that poured from Cass Hyatt's soaked hair reminded Jarrod that he had tried or succeeded in killing the man.

Jarrod still couldn't figure out what had happened from the time he grabbed Cass Hyatt until the time the bullet hole appeared in the man's forehead. _Did his little brother actually kill the man, who killed his beloved Beth?_

 _His little brother_. Jarrod swallowed as those words registered in his head and heart. There was no denying Heath Thomson was his brother now. No man would do as he done for a stranger. Whether that was killing for him or taking the blame? Either way, only family would do as such.

The guilt of how the whole family had pushed Heath away gnawed at the attorney. The guilt that Heath may be innocent no matter his claim also ate Jarrod up inside. However, Nick's words also haunted him from two days earlier.

" _Pappy, your Tori Beth is alive. She needs her father. Don't go snooping for trouble where there ain't any." Nick patted Jarrod's shoulder. Nick could see his older brother's eyes mist up with unshed tears._

 _"My daughter is alive?" Jarod's voice cracked. "My Tori Beth is alive?"_

 _"_ _That's right, Pappy." Eugene interrupted. "She raises a fuss just like her uncle Nick. You better get home to her so you can teach her how to act. Nick has been around her too much."_

 _Jarrod_ _blinked trying to convince himself the word were true. "But….but Heath.."_

 _"_ _He killed Cass Hyatt, big brother." Eugene got down on his knee to glance at his oldest brother, who sat on the hotel room's only bed. "I wouldn't believe it if I hadn't seen it myself. It was like slow motion. I never saw a man pull a gun that fast and aim that true."_

 _Nick swallowed nervously. He had seen it too. Only he saw more than Eugene saw. He saw Heath Thomson shoot a dead man. A man killed by his oldest brother's hands._

 _Nick began to pace. "Why don't ya both ride back to the ranch? I'm sure you're itching to hold that little girl of yours, Jarrod." Nick's voice wasn't as boisterous as he normally spoke._

 _"_ _I am." Jarrod admitted. "Aren't you coming with us, Brother Nick?"_

 _"Naw. I think I'll go with the deputies taking our little brother back to Stockton." Nick closed his eyes as he said the words aloud. Admitting Heath was their brother was bittersweet. Why hadn't they accepted him sooner?_

 _"_ _You called him little brother." Eugene spoke in a childish manner. He didn't mean for it to come out so young sounding. But he ached as Nick did. He ached for what might have been. "He's gonna hang once he gets to Stockton for this."_

 _"NOT if I can help it." Jarrod stood up. He had tried to calm himself from the news of his little girl living. He'd see her first than get to work on Heath's case. "I'm going to be his attorney. Something has got to go in his favor for killing a murderer like Hyatt."_

 _"_ _Now, we're talkin'. " Nick slapped Jarrod on the shoulder. "I'm gonna make sure that blonde haired brother of ours doesn't lose none of his beauty sleep over this. I'll let him know you're going to help him as his lawyer. You get home to see our family and tell them what's going on."_

 _"_ _Why are you riding back with him, Nick?" Eugene got up from his position on the floor. "They have plenty of deputies and I doubt Heath will try to escape. He's already confessed and all."_

 _"I want to make sure our brother isn't mistreated by the deputies on his ride to Stockton. I know how some temporary deputies can treat a prisoner." Nick smiled briefly before wishing his brothers a safe trip on their return to Stockton. "They're taking him out in two days. Meet me at the jailhouse when we get there. Will ya, Jarrod?"_

 _"That I will." Jarrod agreed as he watched Nick leave._

Now, Jarrod sat waiting for their arrival. Heath, Nick and the three deputies escorting Heath would arrive tomorrow _._ Jarrod remembered hours earlier as he and Eugene galloped into town.

 _Jarrod had barely made it to Stockton before his elation at the thought of his little girl being alive and well was placed on the back burner for a small moment.. It was Jarrod and Eugene spotting the young lady standing on the hotel porch staring at them that caused the sudden happiness to abate momentarily._

 _"That's Allie Kay." Eugene whispered as their horses passed the hotel. "She's Heath's girl."_

 _Jarrid nodded at Allie Kay as he rode by. He could see the fear written on her face. The news of Heath's arrest had already spread to Stockton. The young lady was definitely waiting to see her lover. At least, Jarrod presumed that is what Heath Thomson was to her._

 _That was a fact the whole town presumed. Allie Kay couldn't go anywhere in town that someone wasn't snubbing up their noses at her. She didn't mind. She had been done that way for as long as she remembered due to being with the rawhiders. However, Heath had given her something far more precious than pride. Although, he had given her that as well. Unbeknown to Heath, he had given her a reason to be happy. Heath made her happy._

Jarrod's guilt over seeing Allie Kay's worry stricken face was soon removed from him when he took Tori Beth in his arms. He had been sitting holding his daughter for hours now. He breathed in her scent. He counted all her fingers and all her toes. He played with her blonde tuft of hair. He cried and laughed then cried some more. Jarrod Barkley couldn't be happier at that very moment. His little girl was alive and healthy.

He had a second chance at life.


	28. Chapter 28

**_Chapter 27_**

Three deputies were hired to escort Heath Thomson to Stockton to either stand trial or hang. They were hired because of their quickness with a gun. After all, Heath Thomson was a well known gunfighter. There was no use taking chances with the murderer getting away even if the man did confess.

Daniel Leary was the oldest of the three. He was fifty-six years old but was still fit as the two younger men of age thirty something. He was a tall man with broad shoulders and slim waist. He didn't have the muscular build of Heath Thomson yet he was wiry all the same. Nick's build was much more like Daniel's.

The man's hair had turned a salt and pepper gray. He sported a long mustache that told of the jet black hair of his youth. Daniel wasn't in this for a paycheck as much as his younger partners were. He liked the law. He liked justice being served. He liked to see a man pay for his wrong doings. That was what made Daniel Leary confused about the whole situation with Heath Thomson. Something wasn't setting right about this murder.

Daniel was expecting a much older man than Heath actually was. He had heard of the man as most had. However, most descriptions had exaggerated Heath's appearance. The last description had Heath Thomson around 6' 5" tall of 250 pounds of muscle. Although Daniel could see the man was well toned with muscle, he wasn't the giant of a man that most descriptions of the gunfighter were described. Other descriptions had Heath with scars on his face to make him sound more ominous. The boy's face had no scarring. It was almost baby fine skin that the sun kissed.

It was Heath's age that disturbed Daniel the most. The boy was twenty four according to the papers given to him by the sheriff of Rimfire. That was younger than Daniel expected. More than that was the fact that Heath looked even younger than his age. He reminded Daniel of his own son, who was two years younger than Heath. It made Daniel wonder what kind of life had this kid lived to make him a killer of so many men.

Another thing that perplexed Daniel was Nick Barkley. At first, Daniel thought Nick was riding along to make sure Heath got to Stockton as the rest of them were. Now, Daniel could see Nick was riding along in a friendly sort of manner. However, the friendly manner was towards the criminal not the deputies. Strangely, Daniel also found he preferred Heath's and Nick's company to the other two lawman.

One was barely thirty years old and the other around thirty-five. Both were immature as far as Daniel was concerned. He had to give it to Heath Thomson. The boy acted like an old soul rather than a young man.

Ernie Harper was the thirty year old. Daniel wondered when God handed out brains if the boy had even heard the roll call for it. Daniel figured when God called out brains, Ernie thought he said trains and told God he preferred to walk. He was dumber than a box of rocks. Ernie's only talent was the use of a gun.

Edward Harper was Ernie's second cousin. The thirty-five year old wasn't far ahead in the smarts department either. However, he was wiser to the world. Where Ernie was seeing Heath as a challenge to beat, Edward realized Heath Thomson was not a man to mess with.

He noticed sometimes Heath looked at the deputies with a menacing stare that told he could as easily kill them as look at them. Daniel and Edward got that where Ernie was on an adventure.

Nick was serious about making Heath's escort as easy on the boy as possible. Nick had come to accept fully that Heath was his younger brother. Nick's heart ached at the thoughts of losing a brother newly found. However, the man knew that Jarrod would be the one sporting a noose if he told of what he knew. Nick was determined that someway, he'd not see any Barkley hang for the likes of Cass Hyatt.

Daniel raised his hand up. "Hold up here. This looks a good place to rest our horses and take in a bite to eat." Daniel turned in his saddle. "Barkley, I'd appreciate it if you secure the prisoner."

Nick snorted a mock laugh at the words. "Leary, if the boy was gonna run, I don't reckon he'd have confessed."

"Too many witnesses not to confess." Edward retorted as he dismounted.

Heath stared boldly at Edward. "Reckon if I wanted out of this, I'd have got rid of the witnesses too. I know a noose is waitin' to stretch my neck. I ain't living on false hopes here."

Nick helped Heath dismount due to his hands had been secured in front of him. He whispered. "Jarrod is looking into your case. He's your lawyer."

The two brothers headed out of earshot of the three deputies. Heath shook his head as he spoke to Nick. "You tell him not to get involved. The less time he spends going over the facts will be the less chance of him…." Heath stopped as he took a breath. "Let it go. I've killed many a man. Besides, I'm a bastard. A child of none. Reckon my hide ain't worth saving."

Nick grabbed Heath by the back of the neck in a friendly gesture. "You're worth saving to me and Jarrod. I may not have realized it before but I do now. Little brother, you are a Barkley and I aim to not see you hang. I want to right my mistake of that day when you came to us."

Heath had heard the words little brother spoken from Nick's mouth. He felt his heart beat at the realization. When he hung, he'd be happy knowing he did have a family that accepted him.

Heath swallowed before he answered Nick. "You just did make it up to me, big brother."


	29. Chapter 29

**_Author note: sorry for the delay. This has been a trying month for me. I could use some prayers? But God is good all the time. Here is a short update to keep the story moving along._**

 ** _Chapter 28_**

Nick insisted that Heath could be trusted to have his hands untied for eating. Heath was thankful for that as he settled down to finish off his meal. Nick hated seeing Heath tied up for a crime he didn't commit. But it was how it had to be.

Heath kept mulling over things in his head. He realized that Nick's gratitude for saving Jarrod's neck from a noose was the reason for Nick's change of heart. However, there seemed to be more to it. Heath thought of the times spent teasing Nick in the bar in sharing a beer or playing a hand of poker. Those times were easy camaraderie despite Heath killing Hickson to protect Nick. Heath would go to his grave relieved that no matter what caused the change in Nick, his story of being a Barkley was believed. That was more than he ever thought possible.

His only regret would be never finding his mama's killers. Heath breathed out as Nick sat down next to him. Nick offered Heath another cup of coffee. Heath nodded his head for Nick to pour him a cup of the strong brew.

"I have a favor to ask of ya, Nick. Really of ya and Jarrod. Two favors to be more like it." Heath blew on the hot brown liquid.

"Let's hear it." Nick raised an eyebrow in question.

"Take care of Allie Kay for me." Heath's throat tightened at saying her name. He wanted to curse for allowing his heart to open up to Allie Kay. He told himself that he would never do that to a woman or himself. But here he had gone and done just that. "She's a real good girl. She'll make a mighty fine wife to any man lucky enough to have her. Iffin' she doesn't want to marry, she'll make a real fine nurse. Iffin' she wants to marry, make sure the man is worthy of her. Will ya do that? Take care of her one way or another?"

Nick didn't want to argue that Heath could take care of her himself. Nick knew Heath wanted to talk facts not dreams of this turning out right in all ways.

"I'll make sure your gal is taken care of, Heath. I promise." Nick whispered in a saddened tone.

"She ain't my gal. Wish she was but I don't deserve Allie Kay." Heath closed his eyes thinking about the many times he dreamed of making Allie Kay his. He was glad he didn't allow himself that luxury.

"May want to inform her. Because the girl thinks she is." Nick teased Heath. He was surprised by the red hue that crossed Heath's cheeks. The boy was a hardened gunfighter yet he blushed at the mention of a girl. "What is your second request, Heath?"

"You and Jarrod try to find my mother's killers and bring 'em to justice. I know you might not can. But if you try, that is all I ask. My mama deserved more in life than what she was given. I reckon in death, I'd like to at least think I tried my best for her." Heath took a long gulp of coffee.

"You got it." Nick couldn't deny the boy that much.

He only wished he could do more. He was still trying to figure out how to keep both brothers from swinging at the end of a rope. Heath nodded as he placed down his coffee cup to lean back against the tree he was next to.

Nick stood up. "I'm going to get some fresh water for our canteens."

Heath watched his older brother head away. He felt bone tired but strangely wasn't as frightened as a man should be facing certain death. He always figured he'd be dead by the blaze of a bullet. He often wondered what it felt like to die by a gun. He knew the burning pain of a bullet. However, a killing bullet might feel very different. It was something that came with most gunfighters he supposed. Facing death each day with the thought of how it would feel being the one whose blood spilled first.

Heath stared at the fire's flames as he thought of his own death being by a rope. He figured he would rather have the dignity of dying by a bullet's bite. That wasn't to be. He didn't notice the deputy approaching him.

Ernie took in a nervous breath as he headed over towards the prisoner. He pulled back his foot and kicked Heath hard in the ribs. Heath rolled to his side.

"What the ####?" Heath gasped in surprise at the unexpected assault. "Are ya courtin' with death, deputy?"

"Funny there, Thomson." Ernie stood holding his hand beside his gun. "You ain't so tough."

Heath snorted out in sarcasm. "Yeah because it makes a man real tough wearing a side iron against a man with no gun."

"Hear tell that you'rn more dangerous with or without a gun. Reckon you've killed more men than even record of." Ernie jerked nervously as his fingers twitched over his six shooter.

Heath licked his lips. He glanced over at Daniel and Edward. Both men nervously watched. They didn't know what Ernie was trying to prove. They hoped the man wouldn't kill the prisoner in cold blood. Both feared he would.

"Leave him be, Ernie." Daniel called out. "We ain't got far to go. Thomson ain't causin' us grief."

"He's killed a lot of men, Mr. Leary. Hanging may be too good for him. Maybe he should die by a bullet just like all those men." Ernie called back without taking his eyes off Heath.

Heath straightened from his rolled position. He sat up then rolled his neck. He drawled out slow and sure. "Reckon I've never drew first but I've always drew first blood."

Ernie breathed out as his fingers twitched over his gun. He wanted to see this man dead. He didn't know why but Heath being a great gunfighter irked him. Since a small boy, Ernie had fantasized about being a quick draw and shooting down the bad guys. He had practiced years for his quickness. He wished he could give Heath a gun to show him who was faster. However, he'd kill him instead to get rid of the fast gun.

Nick walked out of a wooded area to spot Ernie standing near a sitting Heath. He saw the man's fingers twitch over his gun. Nick swallowed as he realized the crazy deputy's intent.

"Don't even think about it!" Nick yelled loudly.

This caused Ernie to jerk around and draw his gun aiming it at Nick. Suddenly, Ernie screamed in pain as he dropped to his knees. Nick, Daniel, and Edward stood in shock at the view before them. Ernie was grasping his shooting arm as blood poured from it. His gun dangled in his hand loosely as his other hand grasped his upper arm. A knife stuck out from his bicep. It was driven in deep.

"He stabbed me!" Ernie screamed out at the others. "That #$%^ prisoner stabbed me!"

"No he didn't." Edward walked up to his cousin. He took a look at his arm. "He stuck you good. But I figure it was more like he threw it. Don't know if that is called stabbin'. Heck, he was quick. You best be glad that boy didn't have a gun!"

"Shut up, Eddie." Ernie moaned as Eddie checked his arm. "Just get out the knife."

Daniel shook his head in disgust. He stooped beside Ernie. "You almost shot Nick Barkley. You better be glad that Heath Thomson struck you with his knife. Speakin' of which. Where did you get a knife, Thomson?"

Heath, who was back to calmly drinking his coffee, answered nonchalantly. "Now, if I told that secret, it would no longer be a secret would it? Had it on me since I was taken in by the sheriff."

Nick finally took a breath as he sauntered over to his younger brother. "Saved my hide again."

Heath arched his eyebrow. "He needed that shootin' arm being worthless. I reckon if I didn't stop the man, he'd be dead by a bullet before too long. He won't be usin' that arm any more. I figure the knife is deep. Won't kill him but it will stop him."

They both heard Ernie cursing as Edward and Daniel worked on wrapping his arm after taking out the knife. Nick smiled slightly as he watched the calmness of Heath. His smiled faded when he saw Heath's hands begin to shake slightly.

"Are you okay?" Nick said as he touched Heath's shaking hands. "You can calm down now. It's over."

Heath's blue eyes met Nick's hazel eyes. He had never had anyone try to calm him when the shaking started. He noticed at Nick's touch, his hands stopped shaking immediately. Is this what it felt like to have a brother be there to help calm the storms?

"I reckon until I take my last breath, it won't ever be over." Heath stated feeling sad that he wouldn't have long to feel the feelings of brotherhood.

"I suppose that boot of yours held that knife." Nick stated. He added with a squeeze to Heath's now calm hand. "I wish you had used that knife to escape, Heath. I don't want to see you die."

Heath never answered but he thought of Allie Kay then Audra, Jarrod, Nick and Eugene. For the first time, he momentarily allowed his heart emotions of not wanting to die either.


	30. Chapter 30

**_Chapter 29_**

Jarrod Barkley stared in awe at his one month old infant daughter. She was everything to him. He lavished the small baby with the doting attention of a wonderful father. His long fingers entwined in the small blonde curls clinging closely to her head. His mind fleeting from worry to the pleasure of being a father to this bundle of joy. The baby yawned before opening her small blue eyes to stare up at her father. Jarrod gasped as a lopsided mouth formed on his daughter's face.

"They say that babies don't smile this early." Victoria's voice broke Jarrod's staring at his daughter's innocent face. "But I swear if that little smirk on her isn't just like your father's smirk."

Audra bounced into the room not hearing her mother's words. She walked up and peered over Jarrod's shoulder. "Oh look. She has Heath's smile."

Jarrod's and Victoria's head snapped to look at Audra. The young lady continued to admire her small niece as she watched the baby place her fist inside of her mouth. Audra began to coo at the small infant. The baby smirked again causing Audra to giggle as she stole the baby from Jarrod's arm.

"I bet your uncle Heath would love to meet you." Audra carried Tori Beth to sit with her in a rocking chair in the corner of the room.

She began to explain to her niece about her uncle Heath. The pride in Audra's voice didn't go unnoticed by Jarrod or Victoria. The matriarch of the family nodded her head towards her son. She was alerting him to follow her out of the nursery.

After Jarrod followed his mother into the study, he poured himself a drink then turned to his mother. "Would you like a sherry?"

"Please." Victoria took the offered drink as she sat down on the settee.

Jarrod sat behind his desk and looked up at his mother. "Does it bother you that Audra compared Tori Beth's smile to Heath's? Oh, I know it may not be a real smile. But the curl of her mouth was so like father's. Yet, Audra saw Heath."

Victoria stared at the liquid in her glass before taking a small sip. "I must admit that sometimes I do find myself jealous that the child most like your father wasn't born of my womb. Do you realize that Audra is the only child of mine with total markings of the Barkleys? You look very much like them but your dark hair is from my family. Nick is my family made over. Especially my uncle Ernest. Anyway, there are no Barkley sons but your fathers. Your uncle Jim never had children. Your uncle Theodore has four girls. I remember Tom always longing for son to look like his side of the family. He never said it. But I could see his eyes brighten with the thoughts when I would say something about a child in my womb perhaps looking like him. Although it doesn't bother me that Heath looks like Tom. It does make me wish that…" Victoria swallowed as her words halted.

"Wish what, Mother?" Jarrod quizzed as he took a long drink from his own glass.

"That I was the woman who gave him birth. That we all had allowed him in when he wanted entrance into this family." Victoria fiddled with the lace on the cuff of her sleeve after placing down her drink. "Jarrod, why is Phil Archer taking so long to prosecute? It has been a month since Cass Hyatt was killed by Heath. Don't get me wrong, I'm glad the boy isn't being hanged right away. Nick has been spending all his free time visiting a brother,who is doomed for a rope. I fear for them both. The more Nick is with Heath, the more his heart is going to break as well as Heath's."

"I have no idea why Phil Archer is waiting. All I know is Heath won't accept my offer for council and won't even consider speaking to me about it. Phil Archer is scratching an itch on this one. It should be an open and shut case with Heath's confession and so many witnesses. However, I admit that I am also flustered because I still feel there is more to this than I can recall." Jarrod leaned his elbows on the hardwood desk. "What is making matters worse is that girl in town. I feel for the young lady. It is obvious she is very much in love with my little brother. Heath refuses to see Allie Kay. Phil Archer seems to think she is a link to something about this case. I have no clue what but I see him studying her from afar."

"Poor child. I was harsh to her on the day of Tori Beth's birth." Victoria refused to call that day the day of Beth's death. "I wish I could take it back. Perhaps, I should take the child to lunch. Audra could join us. That may help her not think of Heath's impending trial. What is there left for a lawyer to do for him?"

"At this point, it is to argue if he spends life in prison or is hanged." Jarrod admitted. "After reading the Pinkerton report on Heath's stay in Carterson, I fear that he'd prefer to hang."

Victoria nodded her understanding when their thoughts were interrupted by Silas.

"Mrs. Barkley, you have visitors. I showed them into the parlor." Silas stated before walking out of the study.

Jarrod and Victoria were very pleased to see Jim and Ellen Barkley standing in the parlor.

"It is great to see you." Victoria kissed both their cheeks. "I suppose you've heard of Heath's incarceration."

"We did." Jim admitted as he took a drink Jarrod offered. Ellen settled down in one of the offered chairs as Jim spoke. "Truth is that we wanted to speak business with you."

"Business?" Jarrod's eyebrow arched. "What type of business?"

Ellen felt Jim squeeze her shoulders as he began to address Jarrod and Victoria. "I know you do the whole family voting on decisions so I'll make my proposition then you can talk it over among yourselves." Jim took a deep breath. "After Beth's death, I got to thinking about how many years I've wasted being jealous of Tom having children. " Jim held up his hand to stop the interruptions of Victoria or Jarrod. "It wasn't that I didn't love my brother and adore his children. It is the fact I wanted my own. However, I forgot to look at the blessings for what they were. Any way, I want to be nearer to family. I plan on selling my ranch. My business offer is buying the land that you recently purchased from the Miles. It would make a real fine horse ranch and I'd be closer to you all. I want to see Tori Beth grow up and any other grandchild my brother's children offer. I want to make it grow like my own ranch . I'll make a fair offer. If your family is willing to sell that is."

Victoria and Jarrod already knew the answer would be yes. Nick was already complaining that taking on the Mikes ranch would be difficult for the family if Gene planned on going back to Berkley soon. However, they respected the voting system Tom had implemented and chose to wait to talk to Nick and Audra. Ellen and Jim said their goodbyes. Jarrod and Victoria didn't hear what was whispered after the couple left.

"Are you going to tell them the rest, Jim?" Ellen asked as Jim helped her up into the surrey.

"Naw. Don't reckon it is any of their business who I plan to leave the land so that it stays in the family. They'd protest me buying it they knew. Say I could just have it if they knew my plans about giving it to Tom's own." Jim kissed his wife's hand. "Those boys and Audra are like our own. We have no one else, Ellen. It is about time I look at the blessing of Tom's children and quit wallowing in self pity that I have none. The Barkley name will be honored by those boys."

"What about Heath?" Ellen dared to mention. "He's Tom's son too. How will his hanging honor your family name?"

Jim's shoulders stiffened. "He ain't known as a Barkley, Ellen." Jim swore out loud before apologizing to his wife. "But something about that boy made me feel pride that day when I saw him standing guarding his family. I just have a feelin' that boy is still doing that."

"Guarding the family?" Ellen gripped Jim's arm. "How?"

"Don't rightly know but don't set right with me that a known gunfighter will kill in cold blood when Heath Thomson wouldn't have to. I've heard the talk. He's real fast and a sharpshooter to boot. Why kill in broad daylight with witnesses? Nor does it make sense that Nick seemed tight lipped when I saw him earlier in town. He was glad to see us but there was a nervousness about the loud nephew of ours I never saw before. Have you ever known Nick Barkley not to be heard even if he is talking of nothing? He was quite as I ever saw him when we had a drink while you were readying yourself to come here to the ranch."

"I noticed Nick didn't talk much when I greeted him. He was sure in a hurry to get back to his younger brother though." Ellen admitted.

"Yep. Nick even said he had to get back to his little brother. " Jim grinned. "He called Heath his little brother without thinking of it. I wonder what has changed the boy's heart on that matter."

Meanwhile back in Stockton jail...

Heath and Nick sat across from each other playing a hand of poker. The sheriff sat outside of the jail cell playing the game as well. Fred Madden winced when Heath laid down his hand.

"Good thing I'm hanging, boys." Heath teased nonchalantly. "Because Fred owes me the jailhouse and Nick, you owe me the ranch."

Both men laughed at Heath's morbid sense of humor. They had grown accustomed to Heath's quiet and dry sense of humor. The laughing abated when the three men heard a gasp coming from a female voice. Heath cursed at seeing Allie Kay's saddened face. Obviously the young woman had heard Heath's joking of his being hung.

"What the $$$$ are you doing here, Allie Kay?" Heath stood up and gripped the steel bars of his cell.

Fred stood up shaking his head. "Billy, I told you that Heath didn't want her here."

The deputy shuffled on his feet. "I know, boss. But she kind of tricked me. Pretended like she fainted out on the porch of the office. While I ran to get the doctor, I saw her get up and head in. I ran back but was too late to stop her."

"Please, Heath." Allie Kay whispered. "I only want to see ya for a few minutes. Please."

Nick cleared his throat as he threw his arm around Heath's shoulder. He whispered in Heath's ear. "If I had a girl that beautiful begging for my time, I'd let her have a few words."

Fred unlocked the door as Nick stepped out of his brother's cell. It was still unknown to anyone but the family and Allie Kay that Heath was a Barkley. Allie Kay pushed in the open cell door before Fred could protest. She was wrapped in Heath's arms in the blink of an eye.

"Fred, let's leave them be." Nick gestured towards the main office. "I smell your coffee. I'd like a cup."

"Not supposed to leave a prisoner alone with a citizen." Billy warned. He looked back at the embracing couple.

Fred arched his eyebrow as he too noticed the couple in a tight embrace. "Figure she's pretty safe. Don't reckon the boy wants to escape or he'd have already stolen Nick's gun."

Nick looked down as his face reddened. "I'm sorry, Fred. I guess I did forget to take it off."

The three men laughed at the irony of a gunman being in a jail cell with a gun near him. They made it into the front office leaving Heath and Allie Kay alone.

"You shouldn't be here." Heath breathed in Allie Kay's scent. He could smell the lilac soap on her delicate skin.

"I had to see ya, Heath." Allie gripped the back of Heath's shirt tightly in her fingers. "I know you want to protect me but not seeing you is hurting worse than you can imagine."

Heath placed his hands on Allie Kay's shoulders and pulled her back from the embrace. "I done messed up, Allie."

"Don't reckon I can figure this one out, Heath." Allie Kay said as she stared up at his azure eyes. "I don't reckon I care to. Whatever you did, you had a reason. I know that much about you."

"I'm not talkin' about messin' up with the shooting of Cass Hyatt." Heath admitted wishing he hadn't let the words slip from his lips.

"I love you too, Heath Barkley." Allie Kay whispered as she tiptoed to allow her lips to touch his.


	31. Chapter 31

**Chapter 30**

 _"_ _I don't reckon I care to know. Whatever you did, you had a reason. I know that much about you." Allie Kay whispered._

 _"I'm not talkin' about messin' up with the shooting of Cass Hyatt." Heath admitted wishing he hadn't let the words slip from his lips._

 _"I love you too, Heath Barkley." Allie Kay whispered as she tiptoed to allow her lips to touch his._

Heath's heart beat rapidly in his chest as he felt Allie Kay's lips connect with his. The kiss started simple and innocent but soon became heated. Fighting the urge to push Allie Kay against the bars of his cell, Heath gripped her tightly by the waist.

Suddenly, his lungs felt like the air had been knocked out of him. His mind swirled with all the good images he had filed away to pull out in desperate times.

He saw his Mama swinging him around in a circle as he giggled loudly when the wind swept through his curly blonde hair.

Heath saw Hannah singing a hymn as she allowed him to play in a white sheet blowing in the wind.

He saw Rachel giving him a piece of licorice for getting his sums correct.

Heath saw his uncle Matt patting his back when he had helped by cutting wood for the fireplace in the hotel.

Again..his mama's face as she called him her golden child. His friend, Johnny Eagle, teaching him to scout quietly through the woods. His first use of a gun in his first hunt for dinner. Audra's smile as she embraced him when he visited before all the tragedy had struck. Nick's laugh at a joke at Harry's.

Heath felt his knees buckle as he saw each image clearly. The best of his life had been filed into his steel trap of a memory. The sadness lurked there too. However, today, as Allie Kay allowed her feelings to be shared through a kiss, Heath saw the good rather than the bad.

He pushed her away slowly not really wanting to relinquish the kiss that brought about such fond memories in his life.

Heath buried his head in Allie's hair. He never let the words come that he loved her. He knew that Allie Kay knew the truth now. In his mind, Heath didn't deserve this moment nor any of the others.

"I can't, Allie Kay." He huskily whispered into her dark tendrils. His fingers played with the chocolate locks of hair that had grown down her back. "I can't want to live. Not now." He breathed out exasperated.

The kiss made him want to live. He hadn't felt that feeling since fighting for his life in Carterson. He had far given up hope or the enjoyment of life since being released from the #$$$hole that was Carterson.

Since, he had dangled at the edge of life and darkness. Now, Allie had given him a light to cling to. A light to grasp the desire to live. He couldn't afford this feeling. NOT now. Not when Jarrod Barkley was so much more worthy of life than he was.

~~~~~~~~~~~~~~~~~~~

Nick talked Sheriff Madden into allowing the couple some alone time. There was no real danger of Heath trying to harm Allie Kay. Nor was there a reason for the young prisoner to try to escape with Allie Kay's aide. Therefore, Nick and Sheriff Madden settled into a poker game with Deputy Billy.

Phil Archer interrupted the poker game between the three men. He looked around the outer office before storming back past the protesting Sheriff. He flung open the door that made a path into the cells of the jailhouse.

"I knew it!" Phil loudly stated causing Allie Kay and Heath to pull away from each other.

"Just giving the boy some visiting time." Sheriff Madden explained.

"I have no problem with that." Archer turned to stare at the sheriff then to Nick Barkley. "But I saw her faint earlier then she comes to be with him. It only proves what I already expect."

"What is that supposed to mean?" Heath spoke up as he gripped the bars.

Sheriff Madden unlocked the cell and allowed Allie Kay to step out of the jail cell. He glanced at Archer wondering the same as Heath.

Archer ignored Heath but spoke directly to Sheriff Madden. "The reason that you or your deputy are going to go arrest Jarrod Barkley for hiring Heath Thomson to kill Cass Hyatt." Phil Archer smirked in a proud manner.

"Now, you wait a # # minute!" Heath yelled before Nick also protested. "Jarrod Barkley never hired me to kill anyone!"

"That's right!" Nick yelled as he grabbed Archer by the lapel.

"Nick." Sheriff warned as he approached Phil Archer and Nick. "You better explain this Mr. Archer before this gets out of control."

"I don't have to explain anything. You will arrest Jarrod Barkley. I have enough proof for his arrest." Phil straightened his collar after prying Nick's hands from him. "But I have a witness that says he saw Heath Thomson hand Nick Barkley money and tell him it was Jarrod's. The same witness said that he overheard Heath tell Nick he wanted him to take care of Allie Kay for him."

Nick glanced at Heath with wide eyes. Before Heath or Nick could dispute the claim, a voice came from the outer office.

"That's known as hearsay, Mr. Archer. You know it." Jarrod stood staring at Heath trying to gage his reaction to Phil Archer's words. Heath had his usual poker face on. However, Nick's face was red with anger mixed with the emotion of worry.

"I have more, Jarrod. I'll be glad to show Mr. Thompson or his lawyer my findings." Phil straightened his shoulders. "You can't represent Mr. Thomson, Councelor Barkley. That would be a conflict of interest now that you are a suspect in the murder for hire."

"Why you…" Nick stepped up to knock some sense into the district attorney.

"Nick, don't." Jarrod placed his hand on Nick's shoulders. "Send out a telegraph to Nate Springer. Tell him I need him as my attorney." He looked at Heath. "You may need to use this to your advantage to get a plea bargain, Heath."

Heath shook his head. "You didn't hire me to kill Cass Hyatt, Jarrod. I know you're lackin' the memory of that day. But I promise on my word , as Leah Thomson's son, you never hired me to kill him."

"Sheriff." Phil Archer nodded towards Jarrod. "Do your duty."

"I'm sorry, Jarrod." Sheriff Madden opened the jail cell next to Heath's. "You're under arrest."


	32. Chapter 32

**Author's Note: Knights of the Golden Circle, Jock, Melanie Deland, Cyrus Deland, and Anson Gregory are from the episode The River Monarch.**

 **Chapter 31**

" _Nick, don't." Jarrod placed his hand on Nick's shoulders. "Send out a telegraph to Nate Springer. Tell him I need him as my attorney." He looked at Heath. "You may need to use this to your advantage to get a plea bargain, Heath."_

 _Heath shook his head. "You didn't hire me to kill Cass Hyatt, Jarrod. I know you're lackin' the memory of that day. But I promise on my word as Leah Thomson's son, you never hired me to kill him."_

 _"Sheriff." Phil Archer nodded towards Jarrod. "Do your duty."_

 _"I'm sorry, Jarrod." Sheriff Madden opened the jail cell next to Heath's. "You're under arrest."_

Sarah Jane felt her heart pounding inside of her chest. She didn't want to get involved. However, Heath Thomson had made her feel like a worthy woman. Even if it was for one night only.

"I don't even know Jarrod Barkley." Sarah Jane pushed some clothing into a tattered valise. She continued to rant to herself in the empty room. "The man never visited the saloon or the girls. Why should I care what happens to him?"

Sarah Jane's hands shook as she tried to pull more of her clothing from the chest of drawers. She sighed out as a sob escaped her throat. "Why would Heath Thomson kill for him? I mean the man is good with a gun. I can't for the life of me…" Sarah Jane rubbed her temples with her fingers. "I can't do this. I got to get out of here. But Heath deserves a fair trial. Jarrod Barkley too, I reckon. But Heath is special."

The saloon girl walked over to peer out the window. Her nerves were shot since overhearing the talking of a certain group of men. It wasn't meant for any one's ears but Sarah Jane, like so many other girls in her profession, were ignored unless for pleasure. The men spoke like the girls couldn't hear or at least couldn't talk to repeat what was heard.

Sarah Jane closed her eyes as she thought about Anson Gregory's words to Cyrus Deland. She didn't know why Heath had done what he had. She didn't care. She still felt Heath deserved a trial where he could get sympathy for killing the murderer, Cass Hyatt. The man was young. Heath was only twenty-three. If he got ten years or even fifteen, he'd still be a young enough man when coming out of prison.

But the men already had him and Jarrod Barkley hung. What was it the men referred to themselves as again? Oh yes, the _Knights of the Golden Circle._ Some secret confederate society.

Sarah Jane perched her hip on the windowsill as she thought about the conversation between the group of men. All she wanted was to leave town and get to safety from the evil spewed in that room. However, Heath Thomson owned her heart like he did many other girls in the saloon. He was a brilliant lover. That was a fact. However, it was how he treated the girls that engraved the young man into each of their hearts.

Could she really leave without helping him?

Sarah Jane grabbed off her shoe and threw it against the wall. "I don't even know Jarrod Barkley!" She stated again to the nothingness of the room. "If it was Nick Barkley, shoot half the saloon girls would help as him being hung would cost us all a good paycheck." The saloon girl chuckled at thinking of Nick's prowess with the woman.

Then her thoughts drifted back to Heath Thomson. She knew him. They all knew him. Sarah Jane bit her bottom lip as she began to pace back and forth by her bed.

"Heath will hang along with Jarrod Barkley." She had to save Heath Thomson. She had to because without a doubt, Heath would hang along with Jarrod Barkley if the men, who called themselves _The Knights of the Golden Circle,_ had anything to do with it.

 _Anson Gregory looked smug as he addressed the men at the large table. Cyrus Deland had informed him that he was having nightmares. His daughter, Melanie, had heard them._

 _"It will be over soon enough, Cyrus." Anson leaned back in his chair. "After all, Jarrod Barkley being arrested for hiring that gunslinger, will help in our cause. We wanted the good citizens of Stockton to doubt Tom Barkley. We wanted them to believe the man was capable of thievery from the Union Army. Once the great Jarrod Barkley is doubted, his father's name will easily be slandered. We've been handed a gold mine with this."_

 _Although the other men at the table agreed with Anson, Cyrus swallowed nervously. "He may not be guilty or found guilty. According to Melanie, he's hiring Nate Springer. The man is just as good as counselor Barkley. Heck, with Jarrod and Nate Springer working the case, Jarrod Barkley will be out before you can sneeze at him. His reputation won't be tarnished and folks may take offense at trying to slander his daddy's name after Jarrod going through what he will."_

 _Anson Gregory folded his hands under his chin. "Nate Springer has been tied up in other legal business. I have a friend in San Francisco making sure he is too tied up at the moment for Jarrod Barkley's defense. Mr. Springer has no clue he is being detained. He will put in for a postponement for Jarrod's case. However, the judge here is in our pockets. He will insist on a speedy trial. Mr. Archer did us a favor by not giving that gunslinger his day in court so far. I don't care much that the man will hang. What I do care about is that Jarrod Barkley will hang beside him. The judge knows his orders. The trial will take place in less than two weeks. Once Jarrod Barkley is hung, we just have to plant seeds of doubt about Tom Barkley's role in stealing the gold from his own riverboat. Then you can lead us to the money, Cyrus. Not a soul will know."_

 _"What about this fellow? What was his name? Oh yeah. Jock. He's being sent to investigate." Cyrus still felt his knees shaking at the plan. He didn't want to see Jarrod hung nor Tom Barkley's reputation ruined. However, he believed in the cause then and he still did now._

 _"He is already been paid to make it look like Tom Barkley is guilty. He being Nick Barkley's friend helps it look like an unbiased investigation." Anson chuckled lowly. "I can't believe Jarrod Barkley being arrested fell into our laps. It is perfect. The Barkley name will mean nothing by the time Jarrod Barkley is hung beside of that common killer, Heath Thomson. It will be like taking candy from a baby when it comes to destroying the Barkley name."_

Sarah Jane allowed the memory to wash over her as she peered at the street below. She saw the girl, Allie Kay, standing outside of the jail.

"You love him. Don't you, girl?" Sarah Jane pressed her forehead against the glass. "Heath is easy to love. Well, he loves you a might bit too. He may not touch you intimately but that shows how much he loves you." Sarah Jane smiled. "I bet you can help him. I bet you can."

It didn't take long for Sarah Jane to pull Allie Kay into a private conversation with her. She explained how dire the situation was. Allie Kay bit her lip as she listened to Sarah Jane. Only when Sarah Jane quit talking did Allie Kay speak up.

"I can get Audra Barkley to help me. You go ahead and get on that train and to your aunt. Start a new life." Allie Kay dipped her hand inside her skirt pocket. She pulled out a few dollar bills. "Heath made sure I have money to live on. Take this. I'll work it out. I won't let anything happen to Heath."

"Why would Audra Barkley help?" Sarah Jane hesitantly took the money offered before questioning Allie Kay.

"To save her brother." Allie Kay meant exactly what she said. She knew that Sarah Jane would think that only meant Jarrod Barkley but Allie Kay knew that Audra loved her brother Heath as well.

"You're going to break both Heath and Jarrod out of jail?" Sally Jane laughed slightly. "I wish I could stay around to see it. I figure my life is in danger." She squeezed Allie Kay's hand. "No matter what Heath Thomson does about pushing you away, you keep him close. He loves you."

"I know." Allie Kay smiled. "Now you get on the first train out of here. I need to talk to Audra and Nick Barkley."

Sarah Jane nodded as she picked up her valise. She turned briefly to glance at Allie Kay before she scurried towards the train depot. It was out of her hands now. She told what she had to tell. Now it was up to Allie Kay to get the help from Nick and Audra Barkley to free Jarrod and Heath.


	33. Chapter 33

**_Chapter 32_**

 _"_ _You're going to break both Heath and Jarrod out of jail?" Sally Jane laughed slightly. "I wish I could stay around to see it. I figure my life is in danger." She squeezed Allie Kay's hand. "No matter what Heath Thomson does about pushing you away, you keep him close. He loves you."_

 _"I know." Allie Kay smiled. "Now you get on the first train out of here. I need to talk to Audra and Nick Barkley."_

 _Sarah Jane nodded as she picked up her valise. She turned briefly to glance at Allie Kay before she scurried towards the train depot. It was out of her hands now. She told what she had to tell. Now it was up to Allie Kay to get the help from Nick and Audra Barkley to free Jarrod and Heath._

Jarrod Thomas Barkley was smitten. There were no other words that fit how he felt about the little lady he held in his arms only the day before.

Audra and Victoria had brought little Tori Beth to a visit with her father. Sheriff Madden had no qualms with it. It seems that Stockton's district attorney didn't find it in himself to not allow the father to see his child. After all, Phil Archer figured Jarrod's days were numbered.

Jarrod recalled Heath's words to him as he peered into Jarrod's cell.

Heath's voice had came out in his slow southern drawl. "She is a might pretty, Jarrod. Looks like her uncle if you ask me."

Victoria glanced up to the blonde gunman. She couldn't help but smile at the son, who looked most like Tom Barkley.

Heath winked with a slight chuckle. He sat on his cot allowing Jarrod to visit with his daughter and mother. Audra had made her way to the side of Heath's cell. She knew Heath requested that it not be known he was a Barkley. She would respect his wishes even if she didn't understand.

Audra played innocent when it came to being there. She also played innocent when she had overtly flirted with the deputy. Young Billy was dumbfounded that the beautiful Barkley girl would even give him the time of day. No less agree to saving him a dance at the next social.

It was a part of Allie Kay's and her plan. After Allie Kay explained everything to Audra, Audra informed her that Nick , as well as the others, should be left in the dark. The less people involved..the less likely to allow the escape plan out.

Victoria bringing Tori Beth to see Jarrod was perfectly timed. Audra and Allie Kay agreed that Audra would get started on her part of the plan. When the girls realized they would need help after all, they did indeed bring Nick into the plan.

Nick Jonathan Barkley didn't like it one bit. He didn't believe the saloon girl, Sarah Jane, had heard correctly. However, when the Barkley steamboat was to be resurfaced and his old army friend, Jock, showed up in town; Nick realized it was all an elaborate scheme. He'd have to get Jarrod out of jail along with Heath before they both hung for what one brother did and what one brother was claiming to have done.

Once again, Nick didn't like the plan one bit. It seemed too easy and not enough planning. However, he did provide Allie Kay with the three fastest horses on the ranch. Ironically, two of the three horses already belonged to Heath. Charger and Gal would be joining his own trusted steed, Coco, in the next few days.

Nick went to the North pasture to burn some mesquite. He took one of the other horses from the remuda claiming Coco didn't care for the smell of fire. It was believable as the horse was left to graze in the green pasture when Nick had minimal work to do.

Gene was working right alongside of Nick. He noticed his brother's agitation but didn't bother him. Nick always seemed agitated about something or another lately. Earlier that morning, Gene had started to saddle Gal but Nick insisted not to bring "the biting horse" with him. So Gene left the mare not to further irritate Nick.

While one set of Barkley brothers burned mesquite off the Barkley land, another set of brothers were shocked to see a gun being held on the sheriff by the sweet little lady named Allie Kay.

It all started the morning after Jarrod was visited by his mother, sister, and daughter. Jarrod had relished in the moment with his baby girl. He took in every bit of his daughter's beauty before having to give her back to his mother as visiting hours ended.

That morning, Jarrod thought about Heath's words. Heath was right. She did look a lot like the Barkley's side of the family. He had thought the girl looked like Beth. However, the more he looked at his daughter, the more he saw the Barkley side coming out. Thus, the baby did look a lot like Audra thus she looked a lot like her uncle, Heath.

That morning, Heath watched as Jarrod poured over law book after law book. Heath grinned as he placed his arm over his eyes to stop the brightness of the morning sun entering his window. It seemed Jarrod's lawyer friend wasn't able to take his case due to the time constraints set by the judge of an impending trial.

One after another lawyer refused Jarrod's case due to their own busy schedules. Therefore, when Jarrod was ordered to take the only lawyer available, Jarrod felt the noose tighten around his neck. The lawyer wasn't much of a lawyer. He knew the man barely made a living using his lawyer skills. Therefore, Jarrod went to work helping to form a case for the unfit lawyer.

Jarrod wanted more than anything to be free and with his daughter. He still couldn't remember all the events of that day. However, he was sure of the day in Big Annie's. He was sure he hadn't hired Heath to kill Cass Hyatt.

Heath opened one eye when he heard Audra speaking. Jarrod arched an eyebrow as well. The brothers acknowledged that their little sister wasn't there to visit the brothers but to ask Billy to lunch. Sheriff Madden told Billy to go ahead before he settled to read the Stockton Daily News.

Then out of nowhere, Allie Kay walked in pulling a gun as she did.

"Don't say nothin', Sheriff. Let them out."Allie Kay's voice shook with fright.

"Now, little lady, you don't want to do this." The sheriff walked closer to Allie Kay as he reached out his hand for the gun. "Give me the gun before you get yourself in a lot of trouble."

Allie Kay looked back at Heath, who was standing holding the jail bars. "Heath, it is all a set up. I can't explain now but I got to get you and Jarrod out of here."

"Now wait a minute!" Jarrod pushed off his cot. "I'm not going anywhere. I'll let justice speak for me. I won't be on the run."

Heath looked at the fear in Allie Kay's eyes. He knew something had caused her to do this. He had a sinking feeling that Audra was involved as well.

Heath sighed as he bit his lip as he peered at Allie Kay before walking over to the side of Jarrod's cell. Allie Kay held the gun on the Sheriff as she tossed another gun to Heath. Heath smiled at Allie Kay as he looked at the gun. The girl was just too good for words.

Jarrod was just close enough for Heath to grab.

"What the…?" Jarrod gasped when he heard the trigger being pulled back on the gun Heath was holding.

"Back away from my girl, Sheriff, or fancy talker won't see the day of trial." Heath said coldly.

Sheriff Madden turned to see Heath holding a gun to Jarrod Barkley's temple. "Now, son. You best think about this."

"I ain't your son, Sheriff. As a matter of fact, I'm a child of none. Now be kind and open up the both our cells." Heath said menacingly.

The sheriff didn't want to take a chance with Jarrod's life or his own. Heath Thomson may seem to be a nice enough fellow. However, he was a killer all the same.

Heath shoved the sheriff in his cell as he grabbed the sheriff's pistol from his holster. Heath locked the sheriff in before grabbing Jarrod roughly by the arm.

"This here rich lawyer man is my hostage. You best tell that posse of yours to back off or the fancy talker will pay the price." Heath turned to Allie Kay. "You got horses?"

Allie nodded. "I tied them up at the back of the jailhouse. We have to exit the side door."

"Heath...think about this…" Jarrod pleaded.

"Shut up, lawyer." Heath shoved Jarrod in front of him. "Lest you don't want to see that pretty little baby girl of yours again."


	34. Chapter 34

**Author's Note: Knights of the Golden Circle, Jock, Melanie Deland, Cyrus Deland, and Anson Gregory are from the episode The River Monarch.**

 ** _Chapter 33_**

"Heath...think about this…" Jarrod pleaded.

"Shut up, lawyer." Heath shoved Jarrod in front of him. "Lest you don't want to see that pretty little baby girl of yours again."

Jarrod stared at his younger brother with utter disbelief. He shook his head as they pulled up to an old abandoned shack approximately fifty miles from Stockton. "You actually kidnappedme. At gun point, I might add!"

Heath dismounted then held his hand out for Allie Kay. As he helped her down from his black Modoc, he thanked her. Then he proceeded to answer his befuddled older brother. "The gun wasn't loaded. Reckon that should count for somethin'."

Jarrod's eyes widened as he dismounted Coco. He stuttered. "There were no bullets in the guns?"

"I'd never hold a loaded gun on a lawman." Allie Kay answered for Heath. Her tone was matter of fact.

Jarrod started to say something but just clamped his mouth shut staring at the younger couple. Heath chuckled as he went about gathering wood to build a small camp fire.

"Look there, Allie Kay. You have the fancy talker speechless. Betcha that don't happen often." Heath winked at Allie Kay before going on to explain their plans. "Listen, Councelor. Allie Kay explained all about the River Monarch being swept for gold. She explained the framing that the Delands, Gregory and the rest of that …." Heath stared at Allie Kay. "What was the group called again?"

"Knights of the Golden Circle."Jarrod answered before Allie Kay could. "I was listening. I also believe her. But running from the law isn't something I wanted to do."

"# #, lawyer." Heath cursed with a roll of his eyes. "You had no choice. You ain't gonna hang and leave that little girl without parents. I know regal lady and angelic treasure will be great with her. But a child still deserves a ma or a pa. In other circumstances, a child needs both. Cass Hyatt stole one of her parents. I ain't about to let him steal another."

"Being on the run won't help me be in my daughter's life." Jarrod began to help Heath gather up some wood.

"Better chance than being dead. Besides, the good old sheriff will tell how you were taken hostage." Jarrod grimaced as he realized his younger brother was once again protecting the family. He still had an aching in his heart that Heath was protecting him more than he could put together at the moment.

Heath struck a match on the bottom of his boot and started the fire. "We won't make the fire too big. But I figure we're safe for the night. I don't think they can track us very far."

"I agree." Jarrod nodded his gratitude to Allie Kay as she passed out sandwiches to each of them. "You made some very interesting fake trails to follow. Where did you learn that skill?"

Heath took a bite of his roast beef sandwich. He mumbled between bites. "I've been over a few hills."

Jarrod took a bite of his own sandwich. The roast beef was definitely from Silas's kitchen. It made him wonder how many people were involved in this escape. There was no way Allie Kay could've stolen Coco from the ranch. Nick was too protective of his horse. Jarrod knew that Audra had no interest in Deputy Billy until recently. That made at least two Barkleys and one lifelong friend involved. Unless of course, Nick or Audra asked Silas to pack a few items without explaining why. However, Silas was very wise. Once he heard of the escape, the older man would definitely know why he had packed an abundance of food and supplies.

"Any plans you care to share?" Jarrod took a sip of the hot coffee, which Allie Kay had brewed.

Heath glanced up slightly before peering over at Allie Kay. She was making beds for them all nearer to the rocks. "I had some jobs lined up before this business with Cass Hyatt. I guess that will put some money in our pockets."

"I don't think it is wise to gunfight now." Jarrod straightened his shoulders determinedly.

Once again, Heath rolled his eyes. "You'll be singing a different tune when your belly starts growling from hunger pains. I'm gonna take care of us. You best get used to the idea because I don't think your lawyerin' skills are going to go far as an escaped prisoner or a hostage either way."

"We could hunt for food." Jarrod bit his bottom lip as he tried to think of any other way to make a living on the run.

"Some." Heath took another drink of his coffee before standing up. "I don't cotton to wasting a lot of bullets though. Need them for my work. You can go along with us or you can take a chance of dying and leaving that little lady of yours without a Pa. Your choice."

"What choice do I have at this point?" Jarrod watched the flames of the campfire. "Nick will take care of the gold problem. Allie Kay said he knows about it. After that, I can return home and defend us."

"There is no us to defend, Jarrod." Heath glanced over his shoulder at his older brother as he walked towards Allie Kay, who was already curled up against an overturned saddle. "I claimed guilt. I plan to keep that confession." He stared at Allie Kay for a few breif seconds. "Don't think I'll be going back though."

"You'll always be a wanted man." Jarrod exclaimed as he watched Heath.

"Better than a dead one." Heath stated before laying down beside of Allie Kay. The girl automatically cuddled up next to Heath. It was obvious the two had shared in the same bedtime ritual before. Yet, Jarrod could still see there was an innocence left between the two.

Things didn't go as planned for the following two weeks. Phil Archer didn't believe that Jarrod Barkley was innocent in the escape even if Sheriff Madden's story supported it. However, there was nothing he could prove of Jarrod being involved. Therefore, Phil Archer set out to capture the men for the murder of Cass Hyatt and ignored the escape being added to the list of charges.

Due to so many different descriptions of Heath Thomson by all that saw him, Heath Thomson's wanted posters were a jumble of mixed details, which looked nothing like the Heath Thomson of real life. Even the saloon girls gave false descriptions of their once lover. It was obvious the girls weren't forthcoming in helping capture their favorite customer.

Phil Archer admitted to himself even he wouldn't know what the gunfighter looked like if he had to describe him. His interest was in Jarrod Barkley at the time. Therefore, Heath Thomson's wanted poster looked nothing like him. On the other hand, Jarrod Barkley had a wanted poster with a photograph of the prominent attorney.

When Heath spotted the poster, he told Jarrod to grow out his hair and a beard. Of course, that was after Heath collected some money from the good town folk in Water Creek, California. The gunman Heath killed had terrorized many people there. Heath's greatest reward of that killing was the man looked similar to how his Aunt Rachel described one of the men, who killed his mama.

"Do you think it is safe? I'm sure the posse is hot on our trail." Jarrod cautiously pulled Coco up beside of Heath's mount.

Heath hadn't thought of Jarrod having a wanted poster out on him. He knew his wouldn't amount to a hill of beans due to all the false descriptions. The poster of Jarrod threw his plans out the window. They were being trailed by a posse now. Heath needed something besides fake trails to get them out of the posse following them. At least, they didn't see Jarrod with a beard and long hair before. That should help some.

Allie Kay kept Gal a few feet back from the men. The horse still didn't seem to take a liking to Allie Kay but the horse obediently followed her master on Charger. Allie Kay would let the men work out the time to stop and camp. She felt she did her part in the escape of them. Besides, Heath was back to keeping his feelings at bay for her.

"The posse won't try to track us after dark, Jarrod." Heath clicked his heels against Charger's sides. "Besides, I sent you and Allie ahead to wait on me for a reason. I made the trail a little bit more difficult unless they have a real good tracker."

"Nick is pretty good." Jarrod raised his eyebrow. He hoped by saying what he had to say, he'd have a clue to if Nick helped out in the escape. So far, Allie Kay wasn't forthcoming with that information. "But I don't figure Nick will be helping them out much unless he believes the story of me being a hostage."

Allie Kay knew Nick was the one who helped orchestrate the jail break. However, Nick had told her to keep that information to herself until he could get other things in order. He didn't want it getting out and him being watched.

"Reckon I'm not going to gamble on that one." Heath dismounted. "This here is best place I can think of until we can get a start before daylight. Don't want our horses going lame. Like I said, the posse will camp too."

"Fine with me." Jarrod pulled Coco up close to a tree. He dismounted.

Heath helped Allie Kay down from Gal. For the last few weeks, they had ridden in silence. Jarrod had followed Heath's lead. Jarrod had no idea who the female really was who had helped them escape. Allie Kay only talked to Heath, when she spoke at all.

He remembered her face from the day of Beth's death. Still, Jarrod had no idea what this girl was to Heath. They didn't seem like lovers as Jarrod first assumed. Heath didn't even touch her in any way that spoke of a romantic relationship. Yet, Allie Kay seemed to be taken with Heath by the way she stared at him. Of course, Jarrod had noticed a lot of females taken with Heath's looks. The boy sure had his way with most of the saloon girls in each town they landed themselves in.

"Allie Kay, can you get a fire started?" Heath placed some twigs and branches down as he spoke to Allie Kay. " I'lll try to find something for dinner. Listen out close for anyone approaching. I won't be long. After you start the fire, hide over there by Charger. He'll let me know if he smells someone strange."

"Okay." Allie Kay agreed before adding. "You want me to go get water from the crick?"

"I can help you, Heath." Jarrod stated as he rubbed his tired neck."I can start the fire or help hunt. I can get water."

"You need to change out of those fancy duds you're wearing." Heath announced as he nodded towards his saddle bag. "Allie Kay, did you put me some clean clothes anywhere?"

"Yes." Allie replied as she pointed to Charger. "I did in your saddle bags. I just washed and dried you a fresh pair of everything including your under drawers."

Heath winked at her when her face turned a shade of pink at her own words. That only made her blush more.

He looked at Jarrod. "Get my things on. Including the clean under drawers down to the socks. Reckon some out of work cowhands can't afford fancy drawers and new socks." Heath turned back to Allie Kay. "I'll go with you to get water when I get back. I don't want you going alone. Just start the fire and get over to Charger." Heath said as he pulled his rifle out of the sheath on his saddle. "Let's hurry, Jarrod. We're all hungry but I don't want to leave her alone long."

Allie Kay had the fire started rather quickly. She headed towards Charger as Heath had told her too but was stopped before she got there.

"Hello, Miss." A man in ragged clothes came out slowly from behind a rock. It was obvious he was waiting for Heath and Jarrod to leave camp. The man had dirty black hair and was of medium build. Allie Kay figured he was a little shorter than Jarrod but not by an inch or so. "I don't mean no harm. I'm just out and about. Wonderin' if you could let me warm up by your fire."

"Not so sure. Why don't you wait a bit until …." Allie Kay stepped away from the man cautiously. Her words were interrupted by the strange man.

"Which one of those fellas is your husband? IF you don't mind me askin'." The man stepped up as Allie Kay stepped back.

"Husband?" Allie Kay frowned. "They are my friends."

"That's what I figured. " The man reached out and grabbed her before she could step farther back.

"Let go of me! Let go of me!" Allie Kay squirmed as the strange man tried to kiss her.

The man smelled of sour whiskey and unbathed body odor. Allie Kay was frightened and prayed that Heath would show back up soon to help her.

"Now come on, purty lady. A fella like me needs the touch of a woman. I just got out of prison about a month back. Can't afford no soiled dove. You already said neither one of those fellas was your husband. A female like you can give ole Tanner here a lay in the hay too." The man's hair was greasy and hung in his eyes. As he spoke, his putrid breath caused Allie Kay to gag.

"What was that about? Gagging at the thoughts of me when you're stringing along two men." The man swung his hand back and smacked Allie Kay across the cheek. He then grabbed her again and tried to force a kiss on her.

"Mister, I suggest you take your hands off of her." Heath's voice was low and menacing.

Jarrod stood back holding the two rabbits that he had managed to snare. Jarrod saw the cold look in Heath's eyes. He realized his younger brother could kill the man without batting his eye if the man even as much as flinched the wrong way.

"Now, young fella." The man gripped Allie Kay's arm causing his dirty fingernails to dig into her skin. "You don't need to be threatening your elders. I only want a taste of her then you can have her back."

"I said to let her go." Heath warned as his hands twitched over top of his two guns.

The man named Tanner laughed as he raised his eyebrow. "Young fellas like you may need to be taught a lesson on respect."

Tanner's rotted teeth made their appearance when he smiled. He shoved Allie Kay down as he reached for his pistol. The man's eyes widened as he felt the burning in his gut. He looked shocked at Heath placing his pistol back in his gunbelt.

Heath cursed as he went over to help Allie Kay up. "I was afraid of you gettin' shot in the crossfire. Never know how fast a stranger is with his gun."

Allie Kay nodded before she bent down to look over the stranger's wound. "Heath, it is a gut shot. He won't make it long. His insides are hanging out. He's already breathing bubbly."

Jarrod stared at Heath as Heath scratched the back of his head. Heath usually shot clean except with Evan Miles. Then, Heath had shot a gut shot on purpose to get a confession. This time Allie Kay was too close for a clean shot for the quick kill.

Jarrod noticed his younger brother seemed rather nonchalant about the whole thing as Heath elaborated."Yeah. I figured as much. Try not to do gut shots. I prefer a clean kill."

Heath popped his neck. Turning to a stunned Jarrod, Heath ordered. "Jarrod, start cooking those rabbits why we wait for the fella to die."

Tanner's eyes stared at Heath as he felt his gut burning in severe pain. "Help me, please."

"Mister, you was dead the moment you decided to try to take a woman who didn't want taken." Heath pulled Allie Kay up by the arms. "There ain't nothing you can do for him." Heath tenderly touched her bruised cheek. "Why don't you go on to the creek and clean up that arm. Don't want it getting infected?"

Allie Kay nodded as she glanced back at the dying man. She shivered at the thoughts of Heath not showing up in time to protect her. Then Allie Kay scurried away.

Heath quickly looked at Jarrod again. "Can't believe our good fortune. Where did you do with your fancy duds?"

Jarrod didn't know how having a man dying, who had tried to attack Allie Kay, was a good fortune. He never said a word to his confusing younger brother. He handed Heath his clothes then went to cook the rabbits.

Heath laid the clothes aside as he undressed the dying man. The man gripped Heath's arm as he whispered weakly. "Can't you let me have some dignity even in death?"

"Mister, I'm putting on you fancier threads than you've probably ever seen. So quit yappin' and let me get on with it." Heath jerked his arm free from the man's grip as he stripped him until he was nude.

Heath then walked over to Jarrod's discarded shirt. He lined up Tanner's shirt to Jarrod's shirt then put a bullet hole in the same spot to match the shirts. Heath dressed the dying man in Jarrod's clothes.

Heath walked over and inspected the rabbits. "These are done enough. Pack them up."

Once again, Jarrod never spoke. He just let Heath take the lead as he did what his younger brother told him to. Jarrod watched as Heath sliced the dying man's leg where Jarrod had been grazed by a bullet during an earlier run in with a bounty hunter. Heath had killed that man with his rifle. It was a clear case of self defense as the bounty hunter was shooting at them. Allie Kay had cleaned and dressed Jarrod's wound.

Heath clicked his tongue on the roof of his mouth as he seemed to contemplate something. The young gunman bundled up Tanner's old clothing. He rolled the dying man over with the aide of his rifle.

Finally, Jarrod spoke. "Is he dead yet, Heath?"

Heath never glanced up as he placed the rifle to the back of the man's head. Jarrod jerked harshly when Heath pulled the trigger.

Heath shrugged as he said. "Yep. He's dead."

Heath then rolled Tanner back to his back. Jarrod had to jump up and run to a nearby tree. He allowed any contents of his stomach to empty on the ground. He couldn't get the image of the now faceless man from his mind.

"I need your personal things, Jarrod." Heath once again stated without emotion. "Reckon, the man was built about the same as you. The hair is the right color. Blood soaking it will make it more convincing."

Jarrod handed Heath his wallet and pocket watch. He twisted his wedding band on his finger but couldn't find it in himself to take it off. "I can't, Heath."

"Never mind that. If I make it look like a robbery, a thief would take the band any way. Now, I want you to get on Gal. Allie Kay and I will double on Charger. I don't suppose the stranger had a horse. The posse will find Coco. Nick will be glad to get his horse back any way. Plus, the posse will take the body back thinking it is you."

"Our family?" Jarrod's eyes burned with unshed tears.

"YOUR family will think you're dead." The irritation in Heath's voice was the first emotion he showed throughout the whole ordeal. "No choice, Jarrod. You have a little girl ya gotta live for. Besides, the family thinking you're dead, so will any bounty hunter that wants to make a fast buck off of your head. We both know there is an award out for you and nothing for me. You and I are facing a hangman's noose. You're the big fish to catch. That district attorney was determined to see a Barkley hang. He didn't buy my story of shooting Cass Hyatt without your paying."

"That's because I killed him!" Jarrod exclaimed angrily.

"## , you don't even know what you did or didn't do. You were so grief stricken and crazed out of your head with rage. I ain't arguing over this. When you decided you wanted to try and murder, you were dead already. Like I said, I shot him!" Heath swung up on Charger without using his stirrups. "Now hurry up. I don't want Allie Kay coming back to see this."

Jarrod reluctantly mounted Gal. He watched as Heath road to retrieve Allie Kay. Heath placed a heavy rock in the bundle of clothes before tossing the clothes to the deep part of the creek. Jarrod took note that Heath was so gentle with Allie Kay compared to the roughness Jarrod had just witnessed with the dead stranger.

"Where to now, Heath?" Jarrod had never relinquished power and authority over to anyone in his adult life. Now, he was letting the brother, ten years younger than him, take over.

"I heard about a job." Heath turned in his saddle to address Jarrod. "I took what you had in your wallet. Figure I can find a poker game to increase the amount some in the next town. We'll make camp closer to the direction where the town is. By the way, Jarrod. What is your middle name?"

Jarrod looked up as he quirked his eyebrow at the question. "Thomas."

Heath laughed. "Figures you'd get the name of the old stud. I reckon Thomas Thomson suits you though."


	35. Chapter 35

**_This chapter is the last one before we are in the present with Heath and Thomas Thomson._**

Chapter 34

 _"Where to now, Heath?" Jarrod had never relinquished power and authority over to anyone in his adult life. Now, he was letting the brother, ten years younger than him, take over._

" _I heard about a job." Heath turned in his saddle to address Jarrod. "I took what you had in your wallet. Figure I can find a poker game to increase the amount some in the next town. We'll make camp closer to the direction where the town is. By the way, Jarrod. What is your middle name?"_

 _Jarrod looked up as he quirked his eyebrow at the question. "Thomas."_

 _Heath laughed. "Figures you'd get the name of the old stud. I reckon Thomas Thomson suits you though."_

Nick Barkley paced back and forth in front of the hearth. He pounded his left fist repeatedly into the palm of his right hand. "I'd like to rip Anson Gregory to shreds! I ought to go to town and do just that!"

"We can't just barge in there. That would put Melanie and her father in danger." Eugene tried to be the voice of reason. After all, Jarrod was now gone. Someone had to get his older brother not to go charging in the situation like a raging bull.

"I know that! But that group is accusing father of stealing that gold. Jarrod being accused of murder is making some people believe the accusations!" Nick snapped. He took a long inhale of air before looking at his younger brother. "I'm sorry, Gene. I guess I never realized how much responsibility our older brother took on for this family. I wish he'd get himself home and tell me how to handle this mess."

"You agree with mother. You don't think that body was Jarrod's body. Do you?" Eugene looked up with hope in his eyes. He wanted his mother and Nick to be correct in the assumption that the body found over two months earlier wasn't the oldest Barkley.

A swish of skirts alerted the two brothers that they were no longer alone. Victoria swayed past her sons as Audra made her way to sit on the settee with Tori Beth. The baby gurgled happily as her aunt fed her a bottle.

"Have you ever known your oldest brother to keep his fingernails dirty?" Victoria asked of Eugene.

"No, Mother. However, we have no idea how he was living the last couple of weeks before he died. Besides, I never thought Jarrod would be running from the law either." Eugene wanted to get all facts out there. After all, that would be something Jarrod would do.

"He'd still take care of his cleanliness." Audra chirped in. "Besides, Heath traveled many miles without laying his head in a hotel or home. He was very clean as well. Maybe dusty like Nick gets from a trail drive but not filthy. Dr. Merar told us that the man's body was filthy as if he'd lived that way awhile. That's not Jarrod Barkley."

"Yet, Dr. Merar let it stand that the body was Jarrod's and he never told anyone but us about the body being covered in filth." Eugene rubbed his temples. "I'm not being a pessimist. I want to believe."

"Dr. Merar knew Jarrod would be in danger if he was still alive. He was giving him a fighting chance just like I think Heath did. Besides, he didn't lie. All signs pointed that it was Jarrod and the faceless man had to be identified as such. Dr. Merar admitted his hands were tied on the matter. The bounty hunter who found him swore it was Jarrod. The man said Jarrod pulled on him and he shot him. Good ole Dr. Merar had no choice but to say it was Jarrod. It would look like the bounty hunter was being cheated out of the reward if he didn't. The wanted poster on Heath and Jarrod was dead or alive." Nick took a swig of his whiskey before refilling his glass.

"You seem to have developed a lot of faith in Heath Thomson now." Eugene stood up from where he was sitting. "Why is that? What do you mean as Heath did?"

Nick closed his eyes before taking a deep breath. He couldn't tell them what he saw in Rimfire. He couldn't tell them that the blonde gunman shot an already dead man for an older brother, who had once sent the blonde brother away.

He turned so his family could no longer see his face. "I know he's my brother. That's all. He'd not kill his own kin. But I can see him using an already dead man to make it look like Jarrod so a bounty hunter or law wouldn't be tailing them. I think Heath shot him and that bounty hunter claimed he did for the bounty."

"Sheriff Madden did say he forced Jarrod to run with him. From what I've seen and heard of Heath Thomson, he'd kill to survive." Victoria bit her lip. "That is what confuses me about all of this. Jarrod didn't want to go. Why would Heath try to keep him around?"

"Heath had no choice, Mother. Allie Kay told what the saloon girl overheard. They would both be dead now if we hadn't helped them escape." Audra brushed a blonde curl from her niece's forehead. She noticed her mother used the name Thomson. The acceptance of Heath as a Barkley wasn't mutual in the family. Part of her understood her mother. A bigger part was angry with them all for turning Heath away in the first place.

Nick balled up his fists at Audra's innocent comment. He hoped his mother or Eugene didn't catch her usage of the pronoun "we". His hope was dashed with his mother's next sentence.

"WE?" Victoria raised her voice slightly. "You helped her?"

Audra bit her lip as she stared up at her mother before obviously changing the subject.. "I think Tori is looking more like me every day."

"I suggest you allow Audra to keep quiet on this, Mother." Nick turned around. "You don't need to know everything."

Victoria held up her hand in defeat. "Fine. Like you said, I guess it is best." Victoria smiled at her daughter tending to her niece. "What now, Nick?"

"I don't know, Mother." Nick admitted. "I need Jarrod's input. I need to get this mess with the steamboat over with."

"What would Jarrod do?" Eugene said as he walked to the liquor.l

"Maybe you should try to find him and find out." Victoria looked up hopefully at her sons. "I believe he is alive but I need to know. You won't be followed now that Jarrod is believed to be dead. Jarrod is no longer hunted and those wanted posters of Heath Thomson look nothing like him."

"I reckon that is just what I'm going to do. In the meantime, we need to put extra men protecting Melanie and her father from that crazy group he was in." Nick started to walk to get ready to leave.

"Nick, bring Melanie and her father here to the ranch. They will be safer here." Victoria gave no room for argument. "They've already tried to shut him up. Bring him and Melanie here until you ask Jarrod's advice. Tell Jarrod of your plan to hide him closer to home as well."

"First, I'm going to have to find him." Nick smacked his fist on his leg. "I figure Jarrod is still with Heath. Guess the first thing to do is see what jobs are out there for a hired gun. Then I'll find him."

"We are going to find him." Eugene spoke up. "Guess I better get someone to get Melanie and Mr. Deland."

Both men walked out as they spoke of the plans to find Jarrod and Heath.

Audra chuckled slightly as she looked at her mother. "Maria isn't going to like Melanie Deland staying here." Audra bit her lip. "Personally, I like Melanie for Nick better."

"It isn't up to us or I'd pick Melanie as well. Maria has acted peculiar since the day she met Heath." Victoria saw the keen interest from Maria Montero of the handsome Tom Barkley look alike. "I think Nick is slowing down his pursuit of Miss Montero. It seems the infatuation of her is waning."

Victoria noted as she took the smiling bundle from Audra's arms. "Did you hear that, Tori Beth? Uncle Nick and Uncle Gene are going to find your daddy."

Victoria kissed the baby's forehead. She closed her eyes and prayed that they would not only find Jarrod but the whole mess with the missing gold and Hyatt's murder would be over soon. Tori Beth needed her father. She was sure that Jarrod needed Tori Beth even more.


	36. Chapter 36

_**Chapter 35**_

 _ **NOTE: Back to present**_

V _ictoria kissed the baby's forehead. She closed her eyes and prayed that they would not only find Jarrod but the whole mess with the missing gold and Hyatt's murder would be over soon. Tori Beth needed her father. She was sure that Jarrod needed Tori Beth even more._

Jarrod walked into the small two room cabin, which he was sharing with Heath and Allie Kay. The three had decided to rent a cabin on the outskirts of town rather than a hotel room. Heath had figured staying away from the center of town was better for the three of them. Jarrod agreed with his younger brother. He found himself doing that more often than not.

Allie Kay never entered in to town. Heath had forbid it as she would be seen as a weakness of the two cowboys, Thomas and Heath Thomson. Allie Kay didn't mind staying back at the cabin. She had Heath for company on most nights. However, the blonde gunman was back to visiting saloon girls while pretending she was only a good friend.

Jarrod shook his head sadly when he noticed the chocolate cake sitting in the center of the small table in the old kitchen. He glanced at Allie Kay sitting in an old rocking chair by the rock fireplace. She was mending clothing.

"Is Heath coming home tonight?" Allie Kay looked up hopefully. "He never came last night or the night before. I made his favorite cake for his birthday. Hannah and Rachel told me he liked chocolate cake. They also told me when it would be his twenty-fourth birthday."

That was the most Jarrod had heard the young woman speak at least to him. He had often seen Allie Kay and Heath talking many an evening. It seemed they both relished in each other's company. Jarrod also enjoyed speaking with Heath many an evening. They had become as close as any brothers could even if as close as if they were raised together. The two brothers had began to rely on each other for survival more than both would admit.

Jarrod knew she was desperately seeking information about Heath. He pulled up a chair to sit next to her. "He should be home later, Allie Kay."

Allie Kay bit her lip to stop it from trembling. "He's been with that Lupe again. Ain't he?"

Jarrod decided not to answer her. Instead, he used his own question to let the girl draw her own conclusion.

"Allie, has Heath made any promises to you? Has there been any type of comittment made between the two of you?" Jarrod took her hand trying to comfort her. It was obvious her heart was breaking.

"No." Allie Kay admitted in a whisper. "You wouldn't understand, Thomas?"

"I do more than you know." Jarrod raked a finger over her cheek. "Heath is afraid of admitting he cares for anyone."

Allie Kay sucked in a deep breath. "I reckon he don't ask me to stay. I can only blame myself if I do."

"That's true. If you want, you can go back to the Barkley ranch. You know that. Heath and I came up with a great story to tell Mr. Archer if it were to come to that." Jarrod leaned back as he watched the girl wipe a tear from her eye. "My family would take good care of you, Allie Kay. Heath said Nick promised him he would. Nick don't make promises lightly."

"I reckon I best get to cooking supper. If Heath don't come home tonight, you and I will have a nice dessert after we eat." Allie Kay said no more as she headed towards the stove in the corner of the room.

Jarrod lit a cheap cigar as he watched Allie Kay busy herself preparing a meal for them. Heath was good to the girl as far as keeping her needs met. Heath made sure the girl had anything he could afford to give her. Sadly, Jarrod realized that all Allie Kay wanted was Heath's heart.

"I need to head back to town. Heath wanted me to check on you. He's in a poker game to get us more money for this weekend's big game." Jarrod stood up and placed his old battered tan Stetson on his head.

He left for the saloon where he knew Heath would be finishing up the game. Jarrod had to admit the last six months were interesting if nothing else. Heath had taught him about poker more than Jarrod ever thought he'd need to know. Ironically, Thomas Thomson was getting better at playing poker than his younger brother. Jarrod Barkley, the lawyer, knew how to read people for his court cases. Now Thomas Thomson was told by Heath to use that skill in reading a man when playing cards. It worked. Thomas Thomson could make a living as a gambler if he had to. However, Jarrod Barkley missed his daughter and his family. This wasn't a life he planned to keep much longer if he could figure out how to remember the events of the day of Cass Hyatt's death.

Thomas Thomson sauntered into the saloon. Barbara gave him a wary look then nodded to where Heath stood with two other men. It seems the two men had Heath backed against the bar counter. Heath didn't seem too worried about it. Thomas knew his brother wouldn't be pulling his gun. The two men either knew that as well or were too ignorant to realize the danger they were in while confronting the younger Thomson.

Thomas grinned mischievously as he walked silently nearer to his younger brother. This was going to be fun for him. He'd always wanted to test his new persona. Seems like today was as good as any. Thomas tipped his hat over his eyes as he cautiously approached the two men accosting his younger brother.

"I want to know where Jarrod is now?" Nick clenched his fist tightly as he stepped closer to Heath.

He had put up with Heath's arrogant answers long enough. He was tired of the boy pushing his buttons.

"Haven't you heard? Jarrod Barkley is dead." Heath leaned his elbows back on the counter of the bar. "Saw him die myself."

Nick grabbed Heath by the collar. "I don't believe you!"

Eugene stood about half a foot behind Nick. "I don't either. We came here wanting to know the truth."

"Come on. Let me hear it." Nick twisted his fingers tighter into Heath's shirt collar.

"Well, you just name the tune and I'll start humming it." Heath winked as he reminded Nick of his words almost two years ago.

"Don't push me, Heath. I've landed a fist or two before to you. I'll do it again if you don't give me some answers." Nick's jaw muscle twitched.

This little brother of his could be infuriating due to his cocky attitude. Nick and Eugene had been traveling too far and too long to have to put up with Heath's arrogant answers.

Nick halted when he heard the pulling of a trigger. He glanced around to see his youngest brother staring wide eyed as a pistol touched the side of his head. Nick couldn't see the man's face but he saw the man's beard and long hair beneath his tattered tan Stetson.

The man's voice deeply warned. "Don't even try to go for your gun. Let go of my little brother or I'll have to shoot yours. "

"Easy, Mr…" Nick held his stance as he glanced back at the strange man.

"Thomson. My name is Thomas Thomson. I don't take kindly to someone threatening my little brother." Jarrod made his voice deeper as he spoke. He needed to get Nick and Eugene somewhere besides a bar full of people.

Eugene and Nick both felt shock run through them. Heath had an older brother? That wasn't in the Pinkerton report nor had Heath mentioned it. However, now wasn't the time for family history to be discussed. They were desperate to find Jarrod to help with the Knights of the Golden Circle.

"Neither do I." Nick growled out as he let the knowledge of the man claiming Heath as a brother be put aside for the time being. He didn't cotton to a gun being held against the side of Eugene's head.

"Then I suggest you release my brother or things could get a might bit ugly for you and this young fella." Jarrod could tell by Heath's smirk that the boy was about to bust out laughing at Jarrod's fake voice.

Nick let loose of Heath's collar. Heath straightened his collar as he addressed the beautiful redheaded bar owner. "Barbara, do you think we can talk somewhere private like?"

Barbara nodded to a room behind the bar. "Use my office, boys. Take your time but don't leave me a mess to clean up." She looked defiantly at Nick when she added. "Blood stains too easily."


	37. Chapter 37

_**Chapter 36**_ _ ****_

 _ **Note: Estimated timeline for present. In my story, Heath was younger when he showed up than BV has him. He was twenty-one almost twenty-two years of age. It has been over two years since Heath was denied the Barkley heritage similar to the beginning of Palms of Glory only Heath wasn't invited home after he fought along side his brothers at Semple's farm. It has been approximately eight to ten months since Tori Beth's birth, Beth's death, and Cass Hyatt's murder. Heath and Jarrod have been on the run for six months. Five of those months Jarrod is thought to be dead and has became Thomas Thomson. Heath is now 24 years old.**_ __ __

 _"Neither do I." Nick growled out as he let the knowledge of the man claiming Heath as a brother be put aside for the time being. He didn't cotton to a gun being held against the side of Eugene's head._ __

 _"Then I suggest you release my brother or things could get a might bit ugly for you and this young fella." Jarrod could tell by Heath's smirk that the boy was about to bust out laughing at Jarrod's fake voice._ __

 _Nick let loose of Heath's collar. Heath straightened his collar as he addressed the beautiful redheaded bar owner. "Barbara, do you think we can talk somewhere private like?"_ __

 _Barbara nodded to a room behind the bar. "Use my office, boys. Take your time but don't leave me a mess to clean up." She looked defiantly at Nick when she added. "Blood stains too easily._ _"_

The door closed behind the four men. Nick turned around ready to give the stranger a beating he'd never forget. However, when Thomas Thomson pushed back his hat, Nick practically threw himself at Jarrod in a brotherly embrace. Eugene followed Nick's lead as the brothers reunited with their older brother.

Although both believed the body wasn't Jarrod's body, seeing him in person confirmed that. This caused their worry to be put to rest. Their oldest brother was alive and well. Seeing Jarrod after five months of his possible death had the brothers elated.

" ##$! Look at you, Jarrod." Nick bellowed as he gripped Jarrod by the shoulders. He laughed as he flipped Jarrod's pony tail. "You don't look like any fancy lawyer I ever saw before. I'd never have spotted you if I didn't see it with my own eyes. Not that your looks are that different. It is just nothing I'd expect is all." Nick sighed out relieved. "I knew you wasn't dead! I knew it."

"Might want to keep your voice down, Nick." Heath figured loudmouth couldn't be quiet even when it was utmost importance to keep the secret of Jarrod being alive. Heath sauntered over to a soft cushioned sofa before flopping on it. He placed his hat over his eyes."Thomas, you fill your brothers in on our comings and goings for the last few months. I'm going to catch a nap. Plum tuckered out from all the birthday celebrating lately."

Jarrod chuckled at his little brother's words. He knew exactly what type of gifts the saloon girls had offered the blonde gunman. Nick and Eugene were busy noticing Heath's word of YOUR brothers rather than OUR brothers. Seems the blonde gunman still didn't feel much like their family due to his earlier rejection two years ago.

Jarrod turned to his other brothers. "Sit down. I'll explain Heath's plans up to this point."

Eugene sat followed by Nick. The three brothers sat around Barbara's desk as Heath lounged on the sofa. As Jarrod told of his survival with his little brother, Nick and Eugene couldn't help but pick up the fondness that Jarrod now carried for Heath. It was much more than friendship or men in the game of mutual survival. It was obvious brotherhood.

"I have to admit. Heath's plan of you being dead worked." Eugene leaned his elbows on the table. "Mr. Archer is back to working on other cases with less notoriety. Well unless you count going after father's name for sealing gold. That seems to backfired on the Knights of the Golden Circle as they wanted your name ruined to add to father's reputation being ruined. Now, the district attorney wants to prove Tom Barkley did steal the gold. I guess if he can't get one of Barkley, he will go after the memory of another. He really thought he had you to rights, Jarrod. He'd never guess you were out here alive making a living as a con man and gambler."

"Especially not looking like that. The beard is different enough but that long hair. Might be as pretty as Audra's." Nick taunted with pure joy still echoing in his voice.

At the mention of family, Jarrod had a sadness overshadow his contenance.

"How is Tori Beth?" Jarrod eagerly asked. "Is she okay? How much has she grown?"

"She's great. Always giggling and happy." Nick tapped the table as he spoke. "Chubby little thing. I think she's gonna be a small one like Mother but she's chubby for now. She is taken to a bottle now that Dr. Merar said she is healthy enough. She has the prettiest golden hair you ever saw. It is real curly. She reminds me a lot of Audra except that lopsided grin. That is all our father."

Jarrod glanced over at his reclining brother. "That is all Heath too. I can imagine how much she looks like little brother there." The fondness still remained in his voice.

"You two got close. Huh?" Nick questioned as he noted Heath's chest rising and falling in a steady pattern of sleep.

"We help each other now. However, I have to admit that Heath has kept me alive. Without him, I'd never have survived on my own. He kept both Allie Kay and I alive. Being a Barkley was easy compared to the life I've been living. I took for granted the privileges that come with that name. Heath once told me something about singing a different tune when my stomach was growling with hunger. I've come to understand what he meant. It hasn't been easy. Especially when we were on the run with a posse and bounty hunters hot on our trail. Heath kept them at bay best he could. That meant hiding in places I never thought I could survive in like the mountains. He taught me a lot about survival. Heath taught me a lot about the kind of man I am as well. I have more flaws than I can count. I should've never turned him away. I may be his older brother but that boy has crossed more hills than I ever will. He's tough and a good strong man. I'm proud to call him brother."

"We shouldn't have sent him away. I agree." Nick admitted. Eugene nodded in agreement. Nick anxiously tapped the table again as he asked."What now, Jarrod? You're not planning on living as Thomas Thomson for the rest of your life. Are you?"

"No. I plan on facing the law as soon as I can get a fair trial." Jarrod stated as he rubbed his neck. It was a habit he had picked up somewhere during the last six months.

"I have a place you can hide out near the ranch. No one will be the wiser. I can even bring Tori Beth and the rest of the family to visit you every other week or so until you get that trial. We can head out tomorrow." Nick grinned widely. "It is a perfect place to hide you. Besides, you being thought dead will be perfect for my plan."

Jarrod peered deeply at Nick. He needed Nick to understand his next words without question. "I'm not leaving Heath."

"He can come too." Eugene perked up as he added his part.

"No. He can't, Eugene. Heath is still a wanted man. Men are still looking for him because he has a good size bounty on his head. Even if his wanted poster doesn't look much like him. Heath is still using his name because he makes a living with the name Heath Thomson." Jarrod stood up and made his way to the window to glance out of over the small town. "The only reason why he's not been caught yet is because he has a lot of friends in this town. Friends from before he was even a gunman. They keep their ears and eyes open for anyone new or looking for him. I'm surprised you found him."

"Well, we don't look like the law or bounty hunters. We look like ranchers. We have checked out different scenarios looking for a hired gun. Besides that, we were looking for a man we described as a fancy dresser, clean shaven and had expensive taste. You know. The Jarrod Barkley we thought you'd still look like." Nick chuckled as he stared at his brother, who was thinner, had beard and long hair and dressed more like Heath than the lawyer he was. "I can't wait for Mother and Audra to see you."

"Nick, I'm serious. I'm not abandoning Heath." Jarrod continued to look out the window. "If he can pull off this job, it will get him enough money to make it to Mexico. He said that he has a ranch where he can work in Mexico. I wasn't going with him. We talked about him sneaking me back to Stockton once the River Monarch mess is cleared up and I can get a hold of Nate Springer. I'm going along with his plan. He's my brother as much as you two are. Yes. I miss that daughter of mine immensely. But until I know that Heath is safe somewhere, I'm sticking with him. I know Tori Beth is well taken care of. Heath needs me to help him take care of this job and to help make sure he gets safe to Mexico. I owe him that much for all he's done for me."

"So you got your memory back." Thinking Jarrod meant he owed Heath for claiming the guilt of murdering Cass Hyatt, Nick pounded his fist in the palm of his hand. "Now you know that Heath claimed to kill Cass Hyatt to protect you."

"What?" Jarrod turned around sharply. "What did you say?"


	38. Chapter 38

_"Nick, I'm serious. I'm not abandoning Heath." Jarrod continued to look out the window. "This job he has will get him enough money to make it to Mexico. He said that he has a ranch where he can work. I wasn't going with him. We talked about him sneaking me back to Stockton once the River Monarch mess is cleared up and I can get a hold of Nate Springer. I'm going along with his plan. He's my brother as much as you two are. Yes. I miss that daughter of mine immensely. But until I know that Heath is safe somewhere, I'm sticking with him. I know Tori Beth is well taken care of. Heath needs me to help him take care of this job and to help make sure he gets safe to Mexico. I owe him that much for all he's done for me."_

 _"So you got your memory back." Thinking Jarrod meant he owed Heath for claiming the guilt of murdering Cass Hyatt, Nick pounded his fist in the palm of his hand. "Now you know that Heath claimed to kill Cass Hyatt to protect you."_

 _"What?" Jarrod turned around sharply. "What did you say?"_

 ** _Chapter 37_**

A curse word could be heard from the blonde, who the brothers thought was sleeping. Jarrod turned abruptly to stare at Heath.

"What is he talking about, Heath?" Jarrod's voice shook as he asked the question. "Tell me. Tell me now."

"Nothing. He ain't talking about nothing." Heath pushed up to a sitting position. "Loudmouth just spews off at the mouth without making much sense at all."

Nick growled but realized to argue with the blonde gunman would only be adding to his obivious slip of tongue.

"I want to know!" Jarrod's voice raised angrily. "What do you mean that Heath claimed to kill Cass? Did he kill him or not! OR did I?"

"I shot him." Heath looked up to peer at Jarrod. He calmly repeated. "I shot Cass Hyatt."

Eugene stared with wide eyes. "I saw him shoot Cass Hyatt, Jarrod." The boy was only trying to help but wasn't so sure of what he saw.

Nick hit his fist into the palm of his hand and began to pace. "Listen to the boy, Jarrod."

"Which boy, Nick?" Jarrod's voice lowered as his eyes became moist with tears. "Because from where I stand, Heath is about as much of a boy as Eugene."

"Both of 'em." Nick answered in a strained whisper.

"I ain't no boy." Heath interjected with an irritated tone. "Now, stop all the thoughts you're having and let it go."

"Let it go." Jarrod felt weak in the knees as he thought of the implication of Nick's earlier words. He slumped onto the sofa next to Heath. He looked at his blonde brother. "Just how am I supposed to let it go when my little brother may be protecting me and could be hung? Tell me, Heath. How am I supposed to let my little brother hang when I love him as I do?"

Heath gulped at Jarrod's words. He brushed a hand over his now moist eyes. Worried that he was showing too much emotion, Heath jumped to his feet.

"I shot him!" Heath stated again. This time he pretended to be angry. "Ya'll turned me away two years ago, Jarrod. Why in the ## would I put my life on the line for the likes of you Barkleys?"

"It is too late to use that excuse, Heath. Not after all you've done for us. Protecting Nick from Hickson, standing guard over us as we buried Beth, not to mention taking care of Evan Miles for Audra." Jarrod rubbed his temples as he spoke. "We may have rejected you, Heath. But you have been a brother to us despite our ignorance. Heath, don't you see that you have so much to live for. I can't let you do this for me."

Heath chuckled as he rolled his eyes. "I shot him. I swear to that, Jarrod. This needs dropped. I ain't sayin' nothing else on the subject and neither is loudmouth."

"Quit calling me loudmouth." Nick practically yelled.

"I sure can't call you anything else that fits better." Heath rubbed his chest slightly. "Listen, we got to keep our heads on straight. I figure you being Barkleys can back us Thomsons financially in this poker game. That way we have more folk on our side. I hear tell the gambler has a few hired men to protect him in case more than one is willing to challenge him."

"Sounds good." Nick rubbed his chin pondering Heath's way of changing the subject.

Jarrod blinked as he realized his brothers weren't willing to speak about Nick's slip up. He would argue with them but he needed to wrap his head around the implications of his loud brother's words.

"Jarrod, we need your help with the mess of the gold and steam boat on the River Monarch. Mr. Deland is willing to testify the truth but we fear him dying before hand. I know that is awful but the old man's heart is bad. Melanie is worried as we all are. They are staying at the ranch for now."

Jarrod sighed out as he answered. At least he could help his family even if he didn't know how to help the stubborn blonde brother of his. "Get Phil Archer to come to the ranch. Bring along a lawyer for Deland. Make a deal with Archer. I'll draw up the papers before you leave here. Have Deland's lawyer to check them over. Make sure everyone signs that paper."

Eugene fiddled with a small statue on the edge of Barbara's desk. He swallowed as he looked at Jarrod. "I can't believe you fooled us like you did Jarrod with your looks and voice. You even held a gun to my head."

"It wasn't loaded if that helps any." Jarrod let himself chuckle at the irony of his words. Then he stood up. He looked at his brothers. He stopped at Heath. "I think I need a drink."

Nick and Heath were relieved when Jarrod accepted their words of Heath shooting Cass Hyatt. The men went back to talking about Heath's current job and how they could help. Nick figured the sooner the job was over, the sooner Jarrod could come back home. Especially since the old man Deland would fix the problem with the accusation against Tom Barkley.

Later, the three younger brothers left out of the back office. They looked around for Jarrod but didn't see him anywhere.

"Lupe." Heath spoke to the beautiful saloon girl. "Where'd Thomas go?"

"Upstairs with Barbara." Lupe wrapped her arms around Heath's neck. "Sounds like a good idea. You don't have to keep him company tonight, Heath. Thomas is a big boy." She purred as she allowed her hands to travel over Heath's chest. "You know my bed is waiting for you to join me."

"Reckon I better head to the cabin, Lupe." He nodded to Nick and Eugene. "One of them may take you on."

Lupe pouted. "Neither can hold a light to you."

Nick harrumphed and Eugene gulped nervously. Lupe grabbed Eugene's arm. "Come on, fella. But you ain't free like Heath though. Even if you're his friend."

Eugene practically fell over himself as Lupe pulled him upstairs. Heath looked at Nick. "Seems both our brothers are busy. Why don't you come to the cabin? I'm sure Allie Kay has made a real fine meal."

"Why not." Nick followed Heath out of the saloon.

Meanwhile...

Jarrod felt guilt overwhelming him as he buttoned his shirt. Barbara glanced up from the bed. She could see the thoughts playing in the man's head. Barbara clutched the sheet covering her nakedness to her. She bit her lip as she stared at the man who moved her beyond words. She had never been with a man she wanted in her bed before. Barbara thought about this must be what Lupe felt when she was with Heath. Barbara had doubted Lupe's feelings for Heath. Now, she wondered if the young saloon girl was in love. Although Barbara had given up the life of being used by men, she realized that Thomas Thomson and Heath Thomson weren't customers. She was sure that both brothers were lovers and magnificent ones.

"How long has she been dead, Thomas?" Barbara ventured to ask.

Jarrod knew his grief was obvious to Barbara. However, he didn't know how she knew. "Over six months."

He sat down on the bed as he let the guilt burden him more. Both for feeling like he had cheated on Beth and that Heath may be taking blame for something he didn't do.

"Then don't feel guilty. The first time with a woman after must be tough. You're not cheating on her. She would understand that you are a virile, handsome man." Barbara's voice lilted as she scooted up behind Jarrod. Her hot breath teased Jarrod's ear. "Thomas, make love to me again. Make me feel like the woman that I am. Once with you isn't quite enough. Let go of your worries for one night. Be the man who can be happy again."

"Barbara, I need to tell you something." Jarrod sighed as he allowed Barbara to remove his shirt. "I enjoy you very much."

"I do you as well." Barbara bit her lip again as she studied over the handsome man in her bed. He was the best lover she had ever had.

"But I can't give you anymore than physical." Jarrod hated telling the woman that. She had been used by men long enough. "I don't want to be one of the men who have used you."

"You may have used me, Thomas Thomson." Barbara purred in Jarrod's ear. "However, I don't see how it is considered using me when I want you as much as I do. Maybe I'm using you."

Jarrod chuckled lightly. "I see."

The couple enjoyed the intimacy. Jarrod allowed the guilt of betraying Beth to dissipate. He hoped and prayed his beloved wife would really feel as Barbara claimed. For just one night, he wanted to forget Beth's death, Cass Hyatt's murder, and claiming to be Thomas Thomson. He wanted to make love to a woman withouth guilt and allow himself to get lost in the moment of passion.

As they lay in the afterglow of being together, Jarrod traced his fingers over Barbara's bareback. "Heath is claiming to have killed a man for me. I think I killed a man and Heath is willing to hang for me." Jarrod admitted softly.

"Oh, Thomas. That boy loves his brother. I hear doubt in your voice." Barbara allowed her fingers to twirl on Jarrod's chest. "However, I can see you claiming the same for him."

Jarrod wrapped his arms around Barbara tightly. "I do love my little brother immensely. However, I think Heath is the one showing that love and protecting me in this one."


	39. Chapter 39

_**Chapter 38**_ __

 _"Heath is claiming to have killed a man for me. I think I killed a man and Heath is willing to hang for me." Jarrod admitted softly._ __

 _"Oh, Thomas. That boy loves his brother. I hear doubt in your voice." Barbara allowed her fingers to twirl on Jarrod's chest. "However, I can see you claiming the same for him."_ __

 _Jarrod wrapped his arms around Barbara tightly. "I do love my little brother immensely. However, I think Heath is the one showing that love and protecting me in this one."_

Jarrod Barkley felt more like Thomas Thomson than he did the lawyer he once was. He admitted to himself that he loved Nick and Eugene deeply. He had grown up with the two as brothers most of his life. That brought about the brotherhood in a deep way. He loved them and felt like their protector. However, he admitted there was something about Heath Thomson that also brought about the protectiveness of a brother. Perhaps even more so than with his other two Barkley brothers. Thomas Thomson was all Heath Thomson had as far as family. There was no way that Thomas was about to let his brother hang or die in anyway if he could help it.

Jarrod Barkley was a dignified lawyer of the prominent Barkley family. He was the 'Pappy' due to his role after his father's death. He felt responsible for his family. He felt he had to take on the role as a father figure to the Barkley siblings due to his father's unexpected murder. He took on that role with utmost dedication.

Thomas Thomson was a drifter along with his gunslinger brother. Thomas didn't worry about what his future held. However, he was more worried about the future of his younger brother. The blonde gunfighter had saved his life in more ways than one. Where the Barkleys depended on Jarrod Barkley, Thomas Thomson and Heath Thomson depended on each other. Thus there was a difference in the closeness of the Thomsons compared to the Barkleys. The love was equal. However, years didn't form the Thomson bond. A common way of life and struggle to survive was the catalyst for the bonding of the Thomson brothers. A dependency on one another for that survival and reason to want to survive was what cemented the bond between the two brothers.

There was one more side to Jarrod Barkley or Thomas Thomson that was intertwined. That was the daughter, who held each part of her daddy's heart equally. For her, Jarrod needed to be Jarrod Barkley again and leave the life of Thomas Thomson behind. He wasn't sure how to do this. He wasn't sure how giving up this brother, who he loved more than he loved his own breath, was going to happen. Or if he could even give Heath up at all?

The conundrum that Jarrod faced had the man doubting who he was and he was supposed to be.

 _Was he the lawyer, who wanted justice at all costs? Even at the cost of his own life or worse, his brother's life?_ __

 _Was he the drifter, who followed his younger brother around diligently even into the throws of danger to them both?_ __

 _Was he the father, who loved the little lady back at the Barkley ranch, beyond words?_

 _Was he the murderer, who took a man's life in such a blind rage that his memory was lost of it?_

"I fear that I'm all of those." Jarrod whispered as he sat at the old table. He fiddled with the half eaten chocolate cake.

"Something wrong with your cake, Thomas?" Allie Kay started to place a cold glass of milk in front of Jarrod.

"His name is Jarrod." Nick grunted out. Enough was enough with the pretending as far as he was concerned. At least in the cabin where no one could hear them, Jarrod Barkley would be Jarrod Barkley again.

Allie Kay took a deep breath as she stared at Nick. She glanced up to see Heath putting on his boots. He was obvious headed out again. Allie Kay bit her lip as she stared back at Nick.

"He is Thomas Thomson here!" Allie Kay's voice was much louder than even Heath had heard her speak.

She had never sounded angry before. This caused everyone to stop and look at the beautiful raven haired girl.

Allie Kay felt tears well up in her eyes but she continued to grow louder. "He is Thomas Thomson the brother of Heath Thomson. He is MY family along with Heath." Allie Kay then turned to Heath. "Are you gonna go to the saloon girls tonight? Do you prefer enchiladas and tortillas to my home cooked meal? Are ya gonna be with Lupe?"

Heath swallowed as he answered in a worried tone. "I reckon I was going to spend the night there. Gives more room for Nick and Eugene to settle down and spend time with their brother."

"YOUR brother!" Allie Kay slammed the milk on the table causing it to slosh over the edge of the glass. "Ain't no sense in lying to me. You want that saloon girl! Fine! I'm tired of hurting over you. I'm tired of my heart achin' every time you decide to push me away. I'm tired, Heath. You and Thomasare the only family I got. Problem is that they're gonna take Thomas away and I ain't gonna live like this with you any more."

Heath twirled the button on his sleeve as he blushed at Allie Kay's unexpected rant. "Listen, Allie Kay, we can talk about this later."

"No. We can't." Allie Kay swallowed deeply as she wiped the tears streaming down her cheeks. "Eugene told me that I can go work for Dr. Merar back in Stockton. He said the doctor saw some pot...potent…" She looked at Eugene for help with her words.

"Potential in you." Eugene said lowly as he watched Heath's face turn angry.

"Oh Eugene did. Did he?" Heath sneered at Eugene. "Well, maybe you should run back to Stockton with him as he has a better life all ready for you. I never asked you to stay."

"NO. YOU NEVER!" Allie Kay screamed as she marched over to Heath. "But I did. Through all your ways, I stayed right by you Heath Barkley! I stayed through the women, the killing, and even your nightmares. I stayed."

"My name isn't Barkley." Heath calmly stated as he stepped away from her.

"You are a Barkley as much as the rest of this bunch. They were too stupid to realize it. You're too stubborn and prideful to claim it now." Allie Kay stepped up again. She took a calming breath. "I'm tired of payin' for what them turning you away did to you."

"I never asked you to stay." Heath straightened his shoulders and looked defiantly into Allie Kay's face.

Every man in the room was shocked as Allie Kay slapped Heath harshly across the face. Heath grabbed his cheek due to it stinging from the slap.

Allie Kay straightened her shoulders as her words came out clipped with pain."If you go to her tonight, I'll not be here when you get back. If you go to any other woman besides me, I'll not be here." Allie Kay turned from Heath. "After all, you didn't ask me to stay."

Heath felt his heart beating rapidly. Jarrod looked around at all his brothers then to Heath. Before anyone else could utter a word, Heath grabbed Allie Kay by the arm. He proceeded to pull her out of the cabin.

"Will he hurt her?" Eugene stood up to follow the retreating couple.

"No. Not physically." Jarrod answered.

"She called us stupid." Nick rubbed his neck. "I can't believe that quiet girl called us stupid."

"The way I see it. We weren't very smart not to want a brother like Heath." Eugene shrugged as he sat down.

"What I say wasn't very smart was offering a gunfighter's girl another life! Or going to head after him and his girl." Nick quipped as he took the cake from Jarrod and began to eat. "This is good."

Jarrod chuckled as he pushed the glass of milk towards his boisterous brother.

Jarrod Barkley or Thomas Thomson had questioned what he was to do about the situation with Heath and his family since hearing Nick's slip up earlier in the day. Allie Kay just answered his thoughts for him.

Heath and Allie Kay quietly came back into the cabin hours later. Jarrod heard the young couple slipping into Allie Kay's smaller room in the cabin.

Jarrod smiled as he again realized what he needed to do. He had once put his blonde brother last. Now, Jarrod realized that Thomas Thomson would forever put his little brother first.


	40. Chapter 40

_**Chapter 39**_

 _Allie Kay had answered his thoughts for him._

 _Heath and Allie Kay quietly came back into the cabin hours later. Jarrod heard the young couple slipping into Allie Kay's smaller room in the cabin._ __

 _Jarrod smiled as he again realized what he needed to do._

Jarrod, Nick and Eugene were gathered around the breakfast table inside the small cabin. Jarrod raised an eyebrow as he looked at the door leading to Allie Kay's room. Eugene looked slightly uncomfortable as he realized what probably was or had taken place behind that door. Nick was grumbling about being hungry and needing a good breakfast.

"Should we make our own breakfast?" Eugene asked innocently as he tried to get his thoughts from his envy of Heath being with Allie Kay.

"Not sure." Jarrod answered honestly. "She doesn't really like Heath or I fussing in the kitchen. Usually, Allie Kay is up earlier than me. She has breakfast on the table. Heath is up earlier than us both. I guess their conversation kept them up late last night."

"Hmmmph." Nick paced back and forth as he stared at the bedroom door. "I doubt conversation is what was taking place in that room. That boy doesn't talk much and the girl doesn't either. Besides, the way Heath came in kissing all over her, conversation didn't seem on their mind."

"Eugene and I were already asleep by the time they came in. I only heard her door close. Are you sure, Nick?" Jarrod smiled at the thought. If Heath was with Allie Kay intimately, he had made a committment to her somehow. That would be the only way Heath would be intimate with the innocent girl. It made Jarrod more determined to go ahead with his earlier thoughts.

Eugene reddened at Nick's words. "I thought they weren't together in that way."

Nick rolled his eyes at his youngest brother. "Maybe not in the past but whatever agreement came about last night might have changed that."

Jarrod made a half smile. "I hope so. Heath deserves to be loved and let himself love. Which has me thinking. I want the truth, Nick."

"Truth?" Nick grumbled out as he sat down.

Eugene made his way over to the cook stove to prepare a small meal. He was sure his older brother was going to interrogate Nick for whatever purpose. Eugene wasn't sure. However, he figured he may as well make himself useful by cooking up a small breakfast.

"The truth about what happened the day Cass Hyatt was killed." Jarrod glared at Nick. He was always a good attorney. Jarrod Barkley could read a client with expertise. Reading his brothers was even easier. "Tell me."

Nick fidgeted uncomfortably. "I thought Heath settled this."

"Heath isn't here to interrupt this time, Nick." Jarrod nodded thank you to Eugene as he sat a cup of coffee in front of him. "Heath has a way of making his way around the truth without lying. I want the story. The real one."

"I saw Heath shoot him, Jarrod. I swear I did." Eugene headed back to the stove to make some eggs.

"Like Eugene said and Heath has admitted. Heath shot Cass Hyatt." Nick explained as he continued to feel uncomfortable.

"I know Heath shot him. I was there. I saw the hole between Hyatt's eyes." Jarrod leaned over to place his elbows on the table. He templed his fingers as he leaned in to study Nick. "I know I've been Thomas Thomson a while now. However, being another man has allowed me to read people even better thanks to Heath learning me some tricks. I'm still a lawyer. I'm still your older brother. I know you, Nick. I've always known when you're half telling the truth."

"What do you expect me to do, Jarrod? I can't tell you. It could get you hung if I saw right." Nick admitted as he shook his head. "I can't let my brother hang if I speak up."

"Your silence can let OUR brother hang, Nick." Jarrod clapped his hand over Nick's hand. "That boy in there is my brother. He is your brother. Heath is Eugene's brother. I love him as such, Nick. You and Gene will too. Audra already does. You've got to know him a little. I can tell you like him. But loving that boy is easy. I can't live knowing I let him hang for something I'm not sure he did. Tell me, Nick. Please tell me. As a brother saving another brother, tell me your side of things."

Nick stood up from the table quickly. He rubbed his neck. "Heath isn't you, Jarrod."

Jarrod pushed back to stand up. He walked over and placed his hand on Nick's shoulder. "No. He isn't. But he is your brother all the same. Trust me on this, Nick. He deserves to be treated as one. Don't make two mistakes against him. We made one already by turning him away. Don't let him hang. Tell me the whole story."

Nick felt tears well up in his eyes. "I care about the boy. I do. It scares me to think of the truth."

"Just trust me to work this out." Jarrod urged Nick to help save his little brother. "Think of Heath. Does he deserve to hang for this?"

"No." Nick shook his head back and forth. "He shot Cass Hyatt. But….." Nick swallowed hard. "...I could swear that you had drowned the man first. He looked dead already. His eyes looked ...dead."

"So Heath shot Cass Hyatt because I had killed him." Jarrod felt weak as no memory still came to him. However, the nightmares were now making sense. "Heath didn't even know me that well then but he was willing and still is willing to hang for me. Why?"

"I don't know, Jarrod." Nick said. "He was willing to die for me too. He accepted us as a family despite our treatment of him."

"Maybe Heath wants family so bad, he's willing to die for the little family he has left. Wanted or not." Eugene stated as he sat down. "All I saw was Heath pull the gun and shoot. Saw Cass Hyatt being shot. I never saw anything else because Nick was blocking my way."

"You're right, Gene. Heath wants a family. We are going to give it to him this time around. Well, now I know how to go with this. I have options. I need to get a hold of Nate Springer as soon as the problem with the gold is solved. Heath will never agree to any of this. Therefore, we are going on with the plan of finishing this job without telling him I know about what really happened with Cass Hyatt. Then, Heath will head to Mexico. You head to Stockton with me. There is some defenses for my case. One is called temporary insanity. You've heard of the famous 1859 Sickles case where he shot his wife's lover. His lawyer said he was temporarily insane at the time. It isn't used often but it is a defense. I think that is what happened to me." Jarrod said in a nonchalant voice.

"Jarrod, you killed a man. I don't get why you're not breaking down." Eugene spoke up as he placed some eggs on the table.

"I can't think of that now. I have to think about my brother. He is the most important person in this. When I save him, I can concentrate on saving myself." Jarrod sighed out. "Don't worry, Nick. I don't plan on hanging. I plan on doing time in prison at the most. If possible, Nate Springer can get me off free as Sickle's lawyer did. Heath couldn't handle being locked up. That boy lives in his own prison as it is."

"What do you want me to do?" Nick asked as he wiped a stray tear from his cheek.

"After the trial is over, go get Heath and Allie Kay from Mexico. Make him your brother as he is mine." Jarrod answered as he felt a heavy weight lift from his shoulders.

Author's NOTE: Here is a link that tells of Sickle's case. . /2012/11/the-first-person-to-use-the-temporary-insanity-defense-murdered-the-son-of-the-composer-of-the-star-spangled-banner/


	41. Chapter 41

_**Chapter 40**_

 **Note: Spider Martinson is a character from episode "Turn of a Card"**

 _"Jarrod, you killed a man. I don't get why you're not breaking down." Eugene spoke up as he placed some eggs on the table._

 _"I can't think of that now. I have to think about my brother. He is the most important person in this. When I save him, I can concentrate on saving myself." Jarrod sighed out. "Don't worry, Nick. I don't plan on hanging. I plan on doing time in prison at the most. If possible, Nate Springer can get me off free as Sickle's lawyer did. Heath couldn't handle being locked up. That boy lives in his own prison as it is."_

 _"What do you want me to do?" Nick asked as he wiped a stray tear from his cheek._

 _"After the trial is over, go get Heath and Allie Kay from Mexico. Make him your brother as he is mine." Jarrod answered as he felt a heavy weight lift from his shoulders._

"Heath?" Allie Kay ran her hand down the center of Heath's bare back. Her delicate fingers traced over his past scars eliciting a hiss of desire from Heath. She crawled over to lean her bare body against his bare back. "Is all that true? Did you shoot that man after he was dead?"

Heath had not slept in as the Barkleys had thought. Instead, he had chose to lay holding Allie Kay in the after glow of their long hours of lovemaking. When he heard the voices from the other room, he chose to still lay with his lover as he relished the feeling of being in love. The commitment he had made to Allie Kay wasn't frivolous to him or her. Therefore, he treasured their intimacy as it was different than any other time with a woman. He wanted to hold her and prove his love so he remained in bed.

When Heath heard his loudmouth brother tell fancy talker the truth, he felt his heart race. He bolted up in bed out from under Allie Kay's upper body. On the edge of the small cot, he sat with the blanket pulled around his waist as he listened to his brothers talk. His thoughts played havoc with him.

 _Of course, loudmouth couldn't keep his mouth shut. It seemed confused one was still confused to what happened and fancy talker had talked loudmouth into spilling the truth._

"Heath?" Allie Kay whispered again into Heath's ear. "Please answer me."

Heath's answer came in a small nod as he gripped the blanket causing his knuckles to whiten.

"But why?" Allie Kay pulled Heath closer to her. Then she pulled his face to look at hers."Why trade your life for his?"

Heath allowed his finger to caress her cheek then made a trail to her lips. He could tell this woman loved him as much as he did her.

"Don't you see, Allie Kay? Jarrod Barkley has so much to live for. His bastard brother wouldn't be missed like he would be."

"That's not true, Heath." Allie Kay crawled into Heath's lap. She placed her head on his shoulders. "I'd miss you something fierce. I love you."

"I love you too, Allie Kay. I told you that last night. Don't you see? That's why I fought us for so long. But last night, I was so afraid of losing you that I thought I could make this work. Us work. We'd go to Mexico. You and I. Thomas could resume life as Jarrod Barkley. But if he goes through with the truth even if he does get off, he'll never be able to be Jarrod Barkley again. He'll only be a shell of himself."

"I don't understand. How is your hanging for this gonna help?" Allie Kay began to sob as she nestled deeper into the crook of Heath's neck.

"Before last night, I didn't care if I died. Now I have a reason to live. But only if Jarrod Barkley can live as he needs to. Not only will he be disbarred as a lawyer." Pausing to think of his words, Heath ran his hand gently over Allie Kay's back. "I've killed many men. Too many to recollect them all. Jarrod Barkley hasn't. If he keeps on the truth, he may remember what it feels like to take a man's life. I don't think the lawyer can live with that. I don't care to live my life in Mexico away from everyone but you. I will be fine. Jarrod Barkley needs the Barkleys and his old life to be the man he was meant to be. I'm a no account bastard to the world. No matter if you add the Barkley name to me or not, I'll always be Tom Barkley's bastard. Jarrod has so much more meant for him than that. I know I mean the world to you, Allie Kay. I feel the same about you. But to the world, we mean nothing. We won't be missed."

"What are you gonna do?" Allie Kay whispered.

"Don't worry none. I'll think of something. We can still make this work like I told you last night. Got to convince Jarrod of it is all." Heath pushed Allie Kay back onto the bed. "How about we stay in bed a little longer until I have to go to that poker game? Help me take my mind off things."

Allie Kay closed her eyes as Heath softly kissed her eyelids. He didn't plan on being hung but he sure wasn't going to let Jarrod claim guilt for Cass Hyatt's murder. People like Cass Hyatt didn't deserve to live. As far as Heath was concerned, Cass Hyatt deserved to die. The fact was if Jarrod hadn't drowned the man, Heath would've followed him until the man pulled a gun on Heath. Then Heath would kill him like he had so many other men.

As the Barkley brothers ate breakfast, Heath and Allie Kay remained behind the bedroom doors making love. None knew the conversation taking place in town in the second floor hotel room.

The gambler, Spider Martinson, looked at one of his hired guns. "Are you sure about this?"

"Sure as anything, Boss." The lanky man, named Earl, answered as he sat down on the hotel bed. "Me and Mic saw the younger Thomson with our own eyes. We followed him."

Spider Martinson rubbed his hand over his chin. He knew these two men would do a thorough job for him. When he needed rid of some other men chasing him, they gladly rid him of the men. The price was high as the two gunfighters asked for the girl, who he owned. He knew the men had used her and killed her.

Spider Martinson didn't care about that as long as he was free from the men after him. "This could be the weakness we were looking for."

"I know it will be." Mic, a short husky man, stated as he fiddled with a lady's ribbon. He entwined it around his long dirty fingers. "Trust us on this, Mr. Martinson. The blonde gunman will know we mean business."

"Fine. However, IF I'm winning the game, cancel the plans. No use in causing trouble where none is needed. You can do with the …..package as you wish after I win." Spider Martinson poured his friends a drink. He raised his glass to theirs in a toast. "To taking the Barkley brothers money and killing the Thomson brothers all in one night."

Eugene and Nick looked away uncomfortably as Heath gave Allie Kay a long lingering kiss goodbye. Jarrod hadn't bothered looking at the couple as he knew how Heath was with the females at the many saloons they had frequented. It had to be that much more passionate with a woman who was loved as well as desired.

"Come back safe." Allie Kay licked her lips as the taste of Heath still lingered there.

"No promises. But I'll try. Be ready to move on after this." Heath slid his hands up Allie Kay's arms. "I love you."

"I love you too, Heath." Allie Kay tiptoed to accept another kiss. "You're worth everything to me. I hope you know that."

Nick cleared his throat. "Okay. Enough. Let's get this show on the road. The sooner this is over with. The sooner we can get you two down to Mexico and Jarrod back home to his daughter."

Heath tapped Allie Kay's nose as he once more told her he loved her. The men mounted their horses. Then the four brothers headed towards the local hotel.

"So how does this work exactly?" Nick asked as they made their way to the front of the hotel.

"It is a big game takin' place. Enough money that Barkleys would want in on the take. Especially if they have good gamblers to barter with their money. Besides, Thomas told you the story this morning." Heath patted Charger on the neck as he slowed him down to answer Nick's question.

"I know that. I just want to make sure I have the story good and don't mess up." Nick answered quickly. "Besides, I wasn't sure you were listening at all with Allie Kay biting on your neck while she kept your lap occupied."

"I know the plan. I made it up." Heath rolled his eyes. "Tell him, Thomas, before I decide that he needs to be out of the game."

"Heath and I owe the Barkleys some money from some wrong dealings a year or so back. The two Barkley brothers have trailed us for a long time trying to get back the money. Of course, it was after Heath escaped with your now dead brother that you realized he was the same Thomson, along with his older brother, who had swindled you out of a small fortune. You and Eugene are putting up some money into the pot to claim some of our winnings as an even trade for the Thomson debt. Heath or I will win the pot. If all goes as planned, the gambler will try to start a gunfight." Jarrod explained the story again. He had to admit. Allie Kay and Heath being all over each other was distracting this afternoon during lunch.

"Thomas will most likely win. He has the bluffin' and readin' people down pat. I can remember the cards dealt after we get goin. I got a funny kind of memory. Blessing or a curse, I remember things." Heath stated as he tapped his index finger to the side of his head. "Suppose that is all it will take to be the winners and know when the gambler is cheatin'." He looked at Eugene and Nick. "Watch our backs because the gambler is known to have some fellas on the inside too."

"We will." Nick slapped Heath's shoulder after they dismounted. "Let's get this over with."

In the hotel lobby, the Barkley brothers waited patiently for the others to show up. Heath fidgeted with the buttons on the cuff of his sleeve before looking up as the men entered the room. Introductions were made of all the men.

"Why are they here?" Spider Martinson feigned no knowledge of the Barkleys being in town.

"I'm, Nick Barkley. This is my brother Eugene." Nick pointed to Eugene. "We're tagging along to keep on eye on these men. Let's say they owe us."

Eugene tipped his hat. "You gentlemen don't mind if we watch the game. We are investing money in the Thomson brothers to get back what is owed to us."

"Not at all." Spider Martinson smiled. "After all, the richer the pot, the sweeter the game. As a matter of fact, we have two other investors in this game. This is Earl Jones and Mic Cambell."

The two men nodded towards the group before all headed to the upper hotel suite. Inside the hotel suite set aside for the big game, four men stood watching the playing of six others. The four men were said to have invested in the gambling men. Eugene and Nick were invested in the Thomson brothers. The other two refused to tell who their alliance was with. It was obvious to the Barkleys the men were with the gambler. Three other men from the town were hoping to strike it rich in the game. They had lost a lot of money to the gambler weeks earlier and hoped to win back their lost money.

At first, the game was going slow as the gambler and Thomson brothers sized up the competition of one another and the local boys. It didn't take long for the gambler to start throwing down winning hands. Heath winked at Thomas as Thomas nodded slightly. Then signals were secretly sent from one brother to another. It was very subtle and not even Eugene and Nick caught the signals of the Thomson brothers. One brother was deeply in tune with the other.

The game was going exactly as Heath and Jarrod had planned it. Jarrod was winning most of the hands dealt after Heath had memorized the cards discarded in the game. The gambler was sweating as he looked at the pile of winnings in front of Jarrod.

"You're pretty good at this game, Mr. Thomson." The gambler leaned his elbows on the table. "Both of you are."

"My brother taught me all he knows. "Thomas smugly replied as he raked the money towards him.

"Maybe you're both too good. I say you're cheating." Spider leaned back as he made his way to inside his pocket.

"Ain't that a like a snake callin' a lizard slippery?" Heath goaded the gambler adding a smirk.

Spider Martinson snarled. "Are you accusing me of cheating?"

"Nope." Heath grinned as he placed his feet on the floor readying himself to jump up. "I ain't accusing you of cheatin'. I'm saying that's exactly what you're doin'. Yet you're still losing to my brother,who is the better poker player."

Nick glanced confused as one of the men watching the game stepped from the room. In minutes, he was back but not alone. Heath's eyes widened as he saw the man gripping tightly to Allie Kay's arm.

"What is going on here?" Heath's hands went down to his sides. The three towns people jumped from the table and exited the room quickly. They left their cards laying not caring to continue the game. The price of their lives was too big a gamble.

"It seems to me, Mr. Thomson. I've found my ace in the hole." Spider Martinson grinned wickedly. "Your lovely wife happened to be cooking her new husband a meal when we decided she may enjoy watching her husband lose this game as well as his brother."

Heath felt his blood run cold as he stared at the bruise on his new bride's face. "So help me, Mister. After I take out your boss, I'll kill you when this is over for harming her."

Earl laughed as he gripped tighter to Allie Kay's arm. "Perhaps, you didn't hear my boss correctly. Or maybe you need proof that he speaks the truth. Show him, Mic."

The tall lanky man grinned as his rotted teeth displayed. "I think you may know who this belongs to."

The hair ribbon was tossed onto the table onto the pile of bets. Heath's face turned white as he stared at the ribbon.

"I wonder if your wife will be as sweet tasting as your mama was, bastard?" Earl laughed as he licked the side of Allie Kay's face.

Heath eyes connected with Allie Kay's eyes. He whispered. "I love you."

She replied back as she went limp in the man's arms. "I love you."

Earl lost his grip at her sudden falling. Mic turned to see what his partner was cursing about.

It happened within mere seconds. The gambler's hand pulled out his gun. The brothers watched their younger brother pull his own gun. Heath looked like he was moving in slow motion. Yet, he was so quick that his gun was more of a blur to their eyes.

Guns were pulled. Bullets were flying by more than two guns. The gambler, Spider Martinson, was the first to have a bullet enter him as Heath was the fastest draw. The second bullet hit Thomson from one of the gambler's men. Earl was shot by Nick. Eugen shot Mic. Three men lay dead. A third man was dying. A brother jumped in front of another brother to stop a bullet from hitting its mark.

A brother held another brother bleeding to death in his arms. Tears streamed down a Barkley's face as he pleaded of his brother. "Please, don't die on me. Please. I can't lose you. Please. You can't give your life for me. You have so much to live for. "

A weak hand came up to cup a brother's tear dampened cheek. In a weakened voice, the Thomson brother answered the pleading of his brother. "I love you….you have so much to live for…... brother."


	42. Chapter 42

Chapter 41

 _A brother held another brother bleeding to death in his arms. Tears streamed down a Barkley's face as he pleaded of his brother. "Please, don't die on me. Please. I can't lose you. Please. You can't give your life for me. You have so much to live for. "_

 _A weak hand came up to cup a brother's tear dampened cheek. In a weakened voice, the Thomson brother answered the pleading of his brother. "I love you….you have so much to live for…... brother."_

The smell of blood permeated his nostrils. His hands began to shake uncontrollably. He could hear voices around him yet he couldn't pull himself out of the abyss to answer. One voice weakly trying to get him to let go of his brother. It was a soft voice. A kind voice. His wife's voice.

Heath tried to place the memory of Jarrod jumping in front of him in his hidden file. The picture refused to be filed away with the other haunted memories. It was too new. The more he pushed the photo down, the more the other photos came tumbling from the hidden files.

Faces of men with cold dead eyes bombarded him from each photo. Jarrod's face coming to the forefront. His brother's eyes stared with the same glazed blue cold that often came with death.

Nick didn't know how he managed to remain calm. Eugene had taken off to find a doctor per Nick's orders. Now, Nick was trying to pry his older brother out of his blonde brother's arms.

Heath was weeping as he shook uncontrollably. Somewhere in the crevices of his mind, Heath knew Allie Kay was alright. He had known from the look in her eyes she was going to try something. Acting like she fainted was a great ploy for Heath to get the upper hand. His older brother was his concern now.

"Why?" Heath sobbed as he buried his head in Jarrod's bloody chest. "I'm not worth it! ### you! I'm not worth it."

Nick was kneeling beside of Heath now. His mind flashed back to his father's death. He had gripped his father's dying body just as Heath was clutching Jarrod to him.

On that day, Jarrod had went immediately from an older brother to a "pappy". At that time, Jarrod had been the rock that provided the strength to endure. How much Jarrod must have held in and grieved for the same father yet placed aside his grief for the family grieving around him. Nick wondered if he had it in him to do the same for this blond gunfighter. This brother of another mother needed him as Nick needed Jarrod then.

"Heath, let go. Allie Kay is trying to help him." Nick pleaded as he tried to pry Heath's shaking arms from around Jarrod.

Heath seemed to be lost in his own world of pain as he refused to relinquish Jarrod's body

"Your wife is trying to help him, little brother." Nick leaned to whisper in Heath's ear. "Let go of our brother."

Heath's arms went limp as Nick eased Jarrod flat on the floor. He felt his heart quicken with a deep routed panic at the amount of blood covering Jarrod's chest as well as Heath's face and shirt.

Heath sat back on his haunches watching Allie Kay work with Jarrod. He stared at the brother before him. His mind whirled to the many lives he had taken. Those lives seemed like his. NOT worth the bullet that pierced their body. However, this man was worth so much more to his family which now included Heath.

The doctor rushed through the door following Eugene. Nick and Eugene followed the doctor's orders to lay Jarrod in the nearby hotel bed. Allie Kay assisted the doctor as he assessed Jarrod.

"Do you smell the blood?" Heath rocked slightly back and forth. "All blood smells alike when a man is dying."

The doctor glanced up at Heath. He looked toward Nick and Eugene. The younger of the two looked frightened. Therefore, the doctor addressed the darker clad man. "Who is that man?"

"He's his brother." Nick answered quickly. He knew that he and Eugene were barely keeping up the facade, which Jarrod and Heath had implemented. However, it seemed important to do so.

"Well, you need to get that boy up and in a chair. He's going into shock." The doctor ordered before turning his attention back to Jarrod. "What's this one's name? I like to know whose life I'm trying to save."

"Thomas Thomson." Nick answered again with a quick reply. He felt his throat going dry. "This is Heath Thomson. His brother."

"May I ask who you are, young lady?" The doctor was making conversation to try to take the minds off of the dying patient.

"I'm Allison Barkley." Allie Kay answered as she peered at Nick. Her eyes begged for him to go along with the story.

"That's right." Nick didn't know why Allie Kay was using that name. He would find out later. It all seemed so important now. "She's my sister in law."

"You're a mighty fine nurse, Mrs. Barkley." The doctor assured her. "You've kept him alive so far. Let's see what damage that bullet has done. If you're up to it."

"Yes. Sir. I can help." Allie Kay nodded as she closed her eyes in gratitude at Nick playing along.

Eugene was numb. He didn't know what was going on except his older brother may be dying while his other brother was carrying on some sort of charade. Eugene never spoke. Instead, he followed Nick's lead.

Both men gripped Heath under the arms and forced him up into a nearby chair. Nick ran his hand through Heath's blond locks of hair. He could feel the wetness of sweat, cumulating with droplets of Jarrod's blood. Nick could still feel Heath shaking. The boy was taking this hard. Heath was losing control. The solemn, calm and collected gunfighter was falling apart at the sight of his older brother being shot. Nick realized that as much as he loved Jarrod, Heath loved the man too.

Nick's thoughts were interrupted by the town sheriff entering the suite.

"Had some men inform me what was happening here." The sheriff glanced at the dead men on the floor. " I'm Sheriff Tate. Would someone like to inform me what is going on?"

Nick pointed to each man as he explained the situation. "These men held my sister in law captive so the gambler there could have a sure win. This man shot him. My brother and I shot those two. The gambler drew his gun first. Chaos ensued." Nick hoped he was keeping himself composed. Jarrod would be able to. He had to do that much for his brothers.

"My brother took a bullet meant for me." Heath blinked as his low drawl caught everyone's attention. "Do you smell the blood?"

Nick moved to stand behind Heath. He gripped the blonde's shoulders as he spoke to the sheriff. "The doc says he's in shock."

"Seen them both around town for a while. Never met them personally. But it ain't a secret that the Thomson brothers are close. Have a brother of my own. I know that bond." The sheriff nodded to the door. "I'll question him later. I best get some of my deputies to help me get these bodies taken care of. Jeb McCloud lives in town. He was in on the poker game. Pretty much said some girl was being held against her will. Said the blond gunfighter was about to kill a man or two for it. They thought the boy may be married to her. Guess they had that wrong."

Commotion was heard outside of the room before a concerned female made her way past the entrance of the room.

"Thomas!" Barbara ran into the hotel room towards Jarrod. She had heard the sheriff's words. "These men are my friends. The boy isn't married. He's a regular at my place."

"Is his brother a customer too?" The sheriff tipped his hat at Barbara. He didn't know the Thomson brothers well. He had seen them around town. They never bothered others. Therefore, he never bothered them. He knew there was a rumor that the blond was a gunfighter hired by someone in town. However, that was a rumor only. There was nothing he could do about that. "The one you call Thomas."

"No." Barbara answered as she took Jarrod's hand in hers. "Thomas doesn't see my girls. He's my lover." Tears streaked down her face. She looked at Heath. "This wasn't supposed to happen."

"I'll leave ya'll to question later." The sheriff left the room. Soon a few men showed up to carry the dead bodies from the room.

Heath's brow furrowed. "His blood should smell different. Don't ya think?"

Nick knelt in front of Heath. He noticed Heath was splattered with Jarrod's blood. The splatters didn't even count for the blood smeared on Heath's shirt, face and hair. "Listen, Heath. Don't think about the blood. Try to stop shaking. Think about him living."

Heath's eyes went from staring at Jarrod's motionless body to look at the floor. "My mama died. Her blood was all over. It didn't look or smell different either. I always thought blood would be different. Mama's blood stained death's scythe the same as the men who killed her."

Nick followed Heath's gaze. The blood of the dead men smeared the floor. "Doc. Is it possible to move the patient yet?"

"Thinking we may need to. This place isn't too sanitary. Barbara, see if we can get a clean room close. We can move him from here." The doctor glimpsed up quickly. "Got the blood stopped. I may need his brother to give him some of his blood after I get the bullet out."

"I can give it." Eugene stated anxiously.

"That's a might nice of you, young man. However, I think this man needs his brother's blood." The doctor answered Eugene.

"I am his…" Eugene was interrupted by Nick.

"I'll get his brother cleaned up so he can give his older brother blood." Nick pulled Heath to his feet. "Come on, Heath. Let's get you cleaned up so you can help Thomas."

"I can help my brother?" Heath's eyes pleaded for Nick to be telling the truth.

"Yeah. You can." Nick looked over at Eugene. "Help me with him."

Eugene took Heath's other arm. The two Barkleys pulled Heath towards the bathroom.

"He's not dead?" Heath asked in a delayed reaction.

"No, Heath. He's alive." Nick pumped some water into a nearby bowl. He dipped the rag in the bowl then cleaned off Heath's bloody face.

"Don't shoot a man in the chest." Heath seemed to be somewhere else as he spoke. "I have to aim between the eyes if I want a clean kill. Don't matter if I'm twelve or twenty. If I aim between the eyes, the man will be dead. Did you know that?"

Nick didn't answer as he unbuttoned Heath's shirt. He slipped Heath's arms from his shirt.

Heath looked glassy eyed at Eugene. "Thomas doesn't have a bullet between the eyes. Does he?" Heath's hand went up to grip, Nick's shirt.

"No. He has a chest wound." Nick undid Heath's fingers from his shirt.

"I didn't shoot him?" Heath sighed in relief.

"No. Heath. You didn't." Confused, Nick answered the boy.

"I've shot a lot of men. I never drew first but I always drew blood." Heath's legs buckled at the knees. Nick immediately caught him under the arms.

"Here. Let me get you to the next room." Nick nodded for Eugene to help him again.

As they lead Heath into the next room, they noticed the doctor had already had men help move Jarrod. Allie Kay looked up concerned for her husband. However, she knew Nick was taking care of the man she loved. She needed to continue her care of Thomas.

The beautiful redhead had ordered the closest suite. She was no longer in the room with the others. Barbara realized Heath wouldn't leave his brother. She also noted that the loud dark clad cowboy seemed to be taking care of Heath. It confused her as it seemed brotherly in nature. It was almost like the cowboy was treating the gunfighter as Thomas would. It was strange considering the confrontation she had witnessed of the cowboy and the gunfighter previously. She never questioned it. Barbara didn't need the answers. All she needed was Thomas to survive this.

Nick and Eugene aided Heath to sit by the bed, which Jarrod lay in. Nick and Eugene both gasped as the scars on Heath's back came into their view. Nick and Eugene looked at each other. Both silently spoke the same words. It wasn't the time to worry about a brother's past while another brother lay with an uncertain future.

Heath's voice came out in an almost childlike tone."He's my brother."

"I know." Nick lightly squeezed Heath's neck. "He's your brother."

"I'd never shoot my brother. No one should hurt my family. I can die. I'm a bastard. My family has to live. I have to protect them. I wasn't there to protect mama but I can protect the rest of my family." Heath closed his eyes. "I'm tired."

"Let him rest." The doctor stated as he dropped a bullet into a nearby basin. "The boy can sleep while I take his blood. It will be less moving around by them both that way."

"Is he gonna make it, Doc?" Nick tried to keep his voice from cracking. It was difficult. It was very difficult to pretend not to care. To pretend to be strong.

"Maybe. Maybe not." The doctor answered nonchalantly not realizing that he was talking to the injured man's family. "Reckon your sister in law helped a lot. He has a fighting chance. That's all I can say."

Soon Heath was sleeping in a cot next to Jarrod's bed. Allie Kay was curled up next to him. The newlywed couple embraced as Heath fought of his demons of past and present. His nightmares intermingled with images of dead men, his mother, and his doctor had left. He said he had done all he could do for Thomas Thomson. Eugene had curled up on the sofa in the adjoining corner of the room.

Nick walked over to the chair by Jarrod's bed. He took his brother's hand. Jarrod was so still. All that told he was alive was his chest barely rising and falling.

The tall rancher placed his other hand over his face. Nick finally allowed himself to feel pain of his brother being shot. He wept silently. "Get well, Pappy. I'm not made to do this. It is your job."


	43. Chapter 43

**Chapter 42**

 _Nick walked over to the chair by Jarrod's bed. He took his brother's hand. Jarrod was so still. All that told he was alive was his chest barely rising and falling._ __

 _The tall rancher placed his other hand over his face. He wept silently. "Get well, Pappy. I'm not made to do this. It is your job."_

Shadows danced against the yellow faded wallpaper of the hotel suite. The flames of the nearby oil lamp caused the ambiance of peace rather than the storm that raged in the room. Each person had their own demons they were fighting.

Allie Kay's fingers slid softly over Heath's sweat glistened chest before curling in the patch of hair there. Heath was fitfully trying to bring himself from the depths of the nightmares haunting him. Allie Kay's touches seemed to abate the thrashing temporarily. As Heath's nightmares seemed to ease, Allie Kay draped herself over him. She longed to protect this man so treasured by her. She glanced over at Nick Barkley, who was slowly beginning to doze. He seemed to allow his eyes to drift from one brother to another.

Nick's eyes stopped momentarily on Heath. This man was his brother. This man was loved deeply by the girl, who was caressing him. It was obvious to Nick, Jarrod was dedicated to the blond as well. Not only due to willingness to give his life for the gun toting brother but in Jarrod's earlier actions towards the blond. Nick rubbed the sleep from his eyes as he thought if could ever care for this man as deeply as Jarrod had come to care for him.

Nick's eyes traveled to look at Allie Kay. She was a rare beauty indeed. He could see how any man would be attracted to the curvaceous female. Nick smiled slightly thinking of Eugene's obvious attraction to his own sister in law. _Sister in law._ He didn't get to know Beth well. The neice she had birthed he did know and love. _Sister in law._ The words sounded foreign to him but caused his heart to leap at the thought of more nieces and nephews by this raven haired beauty.

Allie Kay caught Nick staring. She realized the tall cowboy was in deep thought. Nick had came through for her husband at a time when she could not. Although she longed to ease Heath's burden of guilt and sorrow for Jarrod's shooting, her instinct to aide her patient became her priority. She knew that Heath would prefer her to try to save Thomas, his brother.

With a silent nod, Nick acknowledged the look of gratitude from his younger brother's wife. Without thought, he whispered to the female. "Heath is my brother."

That was explanation enough to convey to Allie Kay that Nick did as he would for a brother. It was his job being the older brother to take care of the younger. In the same way, Jarrod had once taken care of him. Nick sighed out as he went back to studying the rise and fall of Jarrod's chest. Then he slumbered in a restless sleep.

Sometime during the night, Heath had awoken to the sound of Nick's low even breathing. He glanced at his wife, who was curled up beside him. Heath scooted Allie Kay's body off of him as he quietly made his way out of bed. Heath could barely remeber the events of the day before as far as him losing it. However, seeing his older brother lying so still in the hotel bed was a quick reminder.

Making his way to Jarrod, Heath didn't make a sound. He was used to being silent while still moving. He learned the way to blend in and not make a sound due to his circumstances of birth. It was best to be hidden when others around took pleasure in torturing you for the mere fact you had been born. Heath's stealth became more ingrained during the war. The tactic was used to sneak up on the enemy for a quick kill if his sharpshooter skills weren't able to be put to use. Either way, the enemy died.

Like killing men now, Heath was good at his skill then too. The killing was a job and nothing more. Heath always figured he killed those deserving to die or to survive himself. Looking down at the pale features of his oldest brother, Heath knew this man deserved none of it. Jarrod was a good man. Thomas was a good brother. Heath squeezed his brother's hand. Tears snuck over Heath's long blond eyelashes as he stared down at his brother.

"I'm sorry, big brother. I never meant for you to hurt." The ache in the blond's voice was barely a whisper but were heard none the less.

Nick had awoken to witness the emotion from the blond. Nick had to halt from feeling the overwhelming need to tear up. At least, Heath wasn't losing it. Nick was surprised when he noticed Jarrod's eyes blinking as his hand squeezed Heath's hand. Nick had tried talking to his older brother most of the night. He had begged the man to wake up. Nothing seemed to make the lawyer react to his words. At the moment, Jarrod responded to Heath. Nick feigned sleep as he watched one brother speak to another. Jarrod seemed to sense Heath's need for him.

"Ya want a drink of water, Thomas?" Heath whispered as his hand tussled Jarrod's sweating hair.

Jarrod nodded once alerting Heath that he did. "Heath?"

"Don't talk, big brother." Heath held up Jarrod's head so he could drink the cool water. "Rest now. I'm mighty glad you're awake. Don't reckon I'd want to go on knowing you'd put your life up in exchange for mine."

"You did…." Jarrod's voice weakly tried to remind Heath was willing to do the same for him.

"Not the same." Heath argued. Then he added in a teasing manner."Now hush about it. Don't want to argue with ya. Besides, ya got my blood in ya now. I hear tell bastards go to hell. You're too good for hell. Suppose my blood is too bad to go through the pearly gates. Reckon God and satan made a deal to let you live cause of my blood being in ya."

Jarrod smiled weakly as he squeezed Heath's hand tighter. "Allie Kay? My other brothers?"

"Fine. They're all fine. You're the only one ailin'." Heath sighed. "You're the only one got shot except the three started the mess. They're dead."

Jarrod nodded as he tried to pull himself up to sit. Heath pushed Jarrod back against the pillows. He pushed some extra pillows behind his brothers head to help him sit better but didn't allow the man to sit up fully.

"Married?" Jarrod's eyes twinkled when he asked the question of his younger brother.

Heath's face blushed slightly red. "Didn't reckon I wanted to lose Allie Kay after all. She gave me a choice. Her or the other girls. I've lost a lot in life. She wasn't something worth gambling away. I didn't want to try to guess if it was a bluff. We ran off to find a preacher. Married her. Making love to her was different than being with the others. Somethin' special. Ya know?"

"Fine woman." Jarrod breathed out as he stared at Heath.

"I don't deserve her or her love. I know that. I didn't deserve my mama or her love either. I don't deserve a brother that would throw himself in the line of a bullet meant for me. Been kinda selfish lately." Heath saw Jarrod struggling to protest his words. "Don't argue with me, fancy talker. I love that girl just like I loved my mama. Just like I love my big brother. Don't make the fact that pain comes with loving me back. It always has. I pushed her away because she deserved more. Yet, I wanted her so much I became selfish. Just like I've been with you. I coulda solved all this for us long ago if I put my mind to it. I guess I was enjoyin' having you around too much."

Jarrod wanted to argue but felt his throat too dry to speak. Jarrod took another sip of water Heath offered to him. This time Jarrod could taste the bitterness in the water. He knew Heath had slipped in some laudeman in the water to allow Jarrod sleep. Time to argue with Heath would have to wait until later. For Jarrod, Heath was worth so much more than his life no matter what the blond may think.

Heath ran his fingers through Jarrod's hair before whispering. "Get some sleep, Thomas. I'm gonna get ya home to where you belong. You can count on me."

Nick watched as Heath slipped out of the room. He wanted to follow the blond gunman but knew Jarrod needed him. He only hoped Heath could get Jarrod home. Nick also hoped Heath wasn't sacrificing himself to do so.


	44. Chapter 44

**NOTE: This is all leading somewhere. I promise. LOL. I have the ending all wrapped up but need to make my way there. There all so many little details that make sense at the end but need added to explain why I took the route I did. Hope all makes sense when I'm done. Thanks for the reviews and the continued support of this very slow updated story.**

 **Chapter 43**

 _Jarrod needed him. He only hoped Heath could get Jarrod home. Nick also hoped Heath wasn't sacrificing himself to do so._

Dried leaves blew across the dirt road that lead to the old cabin the Thomson brothers had rented. It seemed the leaves were whispering a tale of secrecy. Jarrod stared at the twirling dance. He wondered what secrets Heath held in him.

Jarrod was allowed to be moved there as per his brother's request. Nick and Eugene didn't like that Heath was calling the shots when it came to Jarrod. However, Jarrod seemed to want Heath to be the one in charge.

Nick Barkley was used to being the decision maker along with his older brother. Now, Jarrod Barkley had became Thomas Thomson. Things were different. Heath was in charge and Jarrod did as was told. Nick didn't understand the dynamics between the two until he saw the flash of something in Jarrod's eyes when Heath spoke. It was of utmost respect and trust.

"Where did you go the other day, Heath?" Jarrod leaned up on his elbow to stare at the younger brother, who he had come to love more than he could've guessed.

"Needed air is all, Thomas." Heath never looked at Jarrod. After all, Jarrod was the only one that could read him like a book.

Jarrod closed his weary eyes and lay back down. He knew once his stubborn brother set his mind to keep things inside, Heath would do just that.

Allie Kay checked Jarrod's bandage before placing her hand on his forehead. "You're developin' a fever. Not too bad. It is to be expected."

"Maybe you should get the doctor anyway." In a whisperd tone, Jarrod spoke. His eyes pleaded with Allie Kay. They spoke a request between the two.

"I guess it is best. No use in takin' safe than sorry. " Allie Kay patted Jarrod on the arm. She didn't know why the man wanted the doctor. However, she figured it didn't have much to do with himself as it did with Heath.

Heath stood from the old wooden chair in the corner of the room. He stretched and popped his neck before taking hold of Allie Kay's arm. "Let the brothers take care of him awhile."

Allie Kay's face blushed a crimson red as she realized Heath wanted her alone. They were newly married but each time he touched her caused her to burn to the core for him.

Gene squirmed uncomfortably when he watched Heath bend to nip Allie Kay on the neck. Nick rolled his eyes but was happy that Heath was leaving Jarrod in his and Gene's care. Heath had been like a hawk hovering Jarrod since he came back from where ever he had gone two nights ago.

"Gene, will you go get the doctor for me?" Jarrod had waited until Heath and Allie Kay disappeared behind their bedroom door.

"Are you okay, big brother?" Nick sat down in the old chair, which Heath had vacated.

"Yes." Jarrod weakly smiled. "But as Allie Kay said, better safe than sorry."

The doctor was soon standing over Jarrod. "Your fever is to be expected. Nothing to concern yourself over unless it goes too high. Reckon the Barkley woman can keep it down. She's a fine nurse." The doctor glanced at Nick then to Eugene. He spoke to Eugene. "Good that your wife is a good nurse."

"She's not my wife." Eugene spoke without thinking. He added quickly to keep up with the story being fabricated. "Allison is married to another brother."

The doctor nodded his head. He had seen the way Allison Barkley had stolen glances at the younger Thomson brother. If she were his wife, he'd not leave her alone with the blonde gunfighter. The boy was known around town for his prowess with the ladies. The doctor guessed that it was best the Barkley brother married to her wasn't around. He may find himself with a bullet in him if he challenged the blonde.

"Where is Mrs. Barkley?" The doctor replaced the old bandage with a new one.

"Knowing the Barkley women, she's shopping." Nick laughed despite feeling uncomfortable. "You can tell us how to keep the fever down. I'll make sure my sister in law knows."

The doctor nodded as he continued replacing the bandage over Jarrod's wound. "She'll know. Surprised that I was sent for." The doctor scratched his chin. "By the way, why are you Barkley's hanging around? Heath Thomson asked me if his brother could be moved by personal rail car. He talked like you Barkleys would loan him the use of one."

"He did. Did he?" Nick gripped his hands into fists. _What was Heath up to now?_

"Yes. He wanted to know if his brother could make it to Mexico." The doctor's eyebrow jutted up as he watched Nick for any reaction.

Before Nick could react, Jarrod pulled the doctor to him. Jarrod whispered something into the doctor's ear. The doctor was the one shocked to hear the older Thomson brother's words.

He patted the distraught patient's chest. "Get some rest, Thomas. Don't want you getting yourself riled up. Don't worry. I'll let the right folk know what you told me."

Jarrod nodded his head before he feigned sleep. Jarrod didn't want Nick questioning him.

The doctor handed Nick the bandages. "Give these to Mrs. Barkley. She'll know when he needs his wound changed. Tell her his fever isn't bad. But come get me if he gets to burning higher fever. Could be a sign of infection. I don't see any at the moment."

Nick furrowed his eyebrows but never questioned the doctor. He'd talk to his older brother later to see what Jarrod had told the doctor.

The doctor stopped at the doorway and glanced back at Nick. "The Barkley train car pulled into the station about a half hour before I came here. Thomas Thomson is ready to travel as long as he's in those type accommodations. I figure you owe Thomas for a thing or two from what he told me. I'll keep my mouth shut because I'd want …" The doctor paused. "Well, I'd feel the same if I were in Barkley shoes."

"What did he tell you, Doc?" Gene was the one to step up and ask the question.

"Said he killed Cass Hyatt not his brother Heath. Heath was taking the blame for it." The doctor shook his head. "Never seen two closer brothers. Don't know which is taking the blame for the other. But know this, I've heard of Cass Hyatt killing your attorney brother's wife. Guess I don't have any tears for his dying. Never connected the Thomson name to it. I suppose the Barkley name out shadowed the name of Thomson in that regard."

"We owe them for taking care of the man." Nick straightened his shoulders as he gripped Jarrod's arm.

"Yeah. Reckon I would feel indebted too. Read your brother died too." The doctor shook his head. "Shame good people die for the likes of a killer."

"It is a shame. I guess we do owe the Thomsons more than we realized." Eugene patted the doctor's back. "I'll head into town with you to check on the train car."

Heath had heard the doctor's words as he entered the kitchen to get some water. Jarrod Barkley needed to put his trust in him. Heath leaned against the old table. _Would the Barkleys never trust in him enough to know he'd do what was best for them?_ Heath had the urge to protect them all. He wanted so bad to protect them where he had not been there to protect his own mama.

Allie Kay walked up behind him. She placed her cheek against his bare back. The scars there didn't bother her. To her, the scars on Heath represented the strong man he was. A man who endured much but came out honorable and brave.

"Are ya comin' back to bed, Heath?" Allie Kay whispered. She could feel the tension in Heath's muscles. She had also heard the doctor's words.

"In a minute, Darlin'." Heath clasped his hands over Allie Kay's hands. "Ya trust me. Don't ya?"

Allie Kay inhaled sharply. "I trust ya to protect those ya love."

She wouldn't say at the price of himself. Heath had promised her that they would be together until death. She prayed that was in old age.

"Go back to bed, Allie Kay. I'll be in there shortly." Heath turned around. He winked. "I ain't done with what I started."

Allie Kay quivered at the connotations of Heath's words. She still was in awe that this man had made her his and he was hers.

"Don't be long. I'll be waitin' for ya." Allie Kay meant that with all her heart. She'd always be waiting on this man.

Heath nodded his head then watched Allie Kay scurry off to their bedroom. He turned to go to Jarrod's room.

He approached his older brother. "I was fixin' it. I had me some plans. Why did you go and confess, Thomas?"

The only words Jarrod spoke as a smile stretched across his face. "You're my little brother. That's what brothers do. Protect one another."


	45. Chapter 45

**Chapter 44**

 _He approached his older brother. "I was fixin' it. I had me some plans. Why did you go and confess, Thomas."_

 _The only words Jarrod spoke as a smile stretched across his face. "You're my little brother. That's what brothers do. Protect one another."_

The doctor asked them to wait at least a week before traveling with Thomas. If no infection set in, Jarrod was finally healed enough to be able to travel. Eugene and Nick were readying Jarrod to leave the following morning. Nick, Eugene, and Heath had a long conversation about part of Heath's plans the night before. Jarrod was left in the dark. The oldest brother assumed they were heading to Mexico to get Heath and Allie Kay to safety. Jarrod knew with his confession to the doctor, he'd either face his guilt of killing or be on the run as well. Jarrod chose to face his guilt but he'd stay with Heath and Allie Kay long enough to heal and plan his defense. If he didn't stay with them, he feared Heath would go off and sacrifice himself.

Allie Kay could feel Heath was planning something. She sensed it as he made love to her. Heath seemed to want to drink in all of her. It was as if her husband had wanted to memorize every inch of her body to put back into memory. Allie Kay knew well of her husband's impeccable memory. Heath had called it a gift and a curse. She was feeling the curse of it. Now, Allie felt he was using his gift to cause pain to her without trying. He needed to drink in the memory of her.

They had made love more than once a day for the past week or so. Heath seemed insatiable when it came to being with her. Allie Kay didn't mind. However, she feared he was making up for the lost time that was bound to happen.

"How long?" Allie Kay asked as she tried to catch her breath after enjoying another round of vigorous lovemaking with her husband.

Heath chuckled slightly. The girl sure knew him well. "Not sure. I'll be sendin' for ya once it all is settled. Mean time, keep him safe for me. Promise?"

"I promise" Allie Kay slid her head to lie on top of Heath's chest. She listened to the pattern of his heartbeat. "I guess you'll say your goodbyes to Thomas."

"Nah. Best not. Thomas will try to stop me. Can't have that. This is for the best. I've been spending a lot of time with Thomas." Heath winked. "When I ain't with you." Heath slid his hand over his wife's bareback, which was moistened by her earlier perspiring. "Don't tell them where I've gone off too. It will work this way. Like I said, it is for the best."

"Your best?" Allie Kay leaned up to stare at her husband. His azure eyes capturred her in their depth. "Or theirs?"

"My best is with you now, Allie Kay. It will only be a short while if everything goes well." Heath kissed the tip of Allie Kay's nose as he tried to downplay running from the law while getting Jarrod his freedom. He knew that Jarrod telling the doctor about his guilt could play in two ways. One, they'd believe the man did kill Cass Hyatt or two, the sheriff would pin the guilt on the brother remaining to take the blame.

"But you're a wanted man, Heath. What if…" She bit her lip to stop the quivering. Allie Kay knew Heath was taking a big risk by staying behind while they moved on.

"No what if's. Not anymore." Heath reassured her. "Jarrod Barkley needs to live. It is time for for that. From there, we were going sit down and discuss if, when and how we were going to get Jarrod back to the Barkleys and free I never planned it this way but Jarrod confessing to the doc made me have to come up with another plan quickly. He won't rest knowing now that he was the one that killed Cass Hyatt. I think he'd go for this plan though. Well, after he thinks on it."

"Heath, I promise I'll wait as long as it takes." Allie Kay felt a tear trickle down her cheek.

"I know, Allie Kay. I know you will." Heath pulled Allie Kay up to look at her. He wiped her tear with his thumb. "Knowing I have you makes it okay. Don't ya see how much I love ya, girl?"

Allie Kay settled into her husband's arms. She didn't know how Heath couldn't see his importance to Jarrod now. Thomas Thomson had became a huge part of who Jarrod Barkley was due to the connection to Heath. To ask the man to give up his younger brother wasn't going to settle well with him. It was asking Jarrod to give up a part of himself.

She supposed Heath was right though. It would work to get them all out of this mess. Jarrod Barkley would be free. Heath Thomson would be free. No one would hang for the murder of Cass Hyatt. However, Heath would never be the Barkley he both desired and deserved to be. The brotherhood between the two Thomson brothers had to be severed so both could go on with their lives.

********B**********

The sheriff decided to ride by Jeb's old homestead to question about Thomas's condition. Earlier, he discovered the Barkley's had been loaded up and ready to head to Stockton. Allison Barkley had been crying as the two Barkley brothers placed her on the train. They nodded to the sheriff as he looked their way.

"He didn't make it?" The sheriff leaned over his saddle to stare down at the blonde gunman.

"No. Died of fever last night. Jeb said I could bury him here. I guess this is as good as any place. We didn't have a home to call our own. This is as close as we got to one." Heath continued to shovel the dirt over the wooden coffin. "He was a good brother."

"Doc told me he didn't think Thomas Thomson would last through the night. Looks like the good doctor knew what he was talking about. I wanted to let you know that Barkley and Thomson names being used together got me thinking." The sheriff didn't go for his six gun. After all, he knew of Heath Thomson's reputation with a gun.

"Do tell." Heath raised an eyebrow as he continued to add dirt into the grave.

"Well, I looked through some old wanted posters. Never saw one for Thomas Thomson but I did for a Heath Thomson." The sheriff sucked air through his teeth. After all, he figured he was in front of the well known gunman. The blond was known to kill without even as much as a flinch before hand.

"Didn't think Heath was a common name." Heath glanced up. "Guess a lot of mama's fell in love with that book."

"What book?" The sheriff rubbed the back of his neck.

"Wuthering Heights. My mama said I was named after the character in it. Exceptin' she didn't like how Heathcliff sounded. She shortened it to Heath." Heath didn't smile. After all, the pain was too real burying his older brother.

"I suppose. I never heard of it. Any way, the wanted poster doesn't look a thing like you. Thought I made a connection. Guess I was wrong." The sheriff pulled his horse around to leave.

The doctor had told the sheriff about Thomas Thomson's confession. The sheriff figured the young gunfighter was headed to Mexico. No use arresting the boy for a murder he didn't commit. Wanted poster or not, the sheriff knew how justice could be for those born in Heath Thomson's situation.

"Guess so." Heath went back to shoveling dirt on the grave.

"Sorry about your brother." The sheriff kicked the sides of his horse as he left a grieving brother to finish his task of burying his kin. He called back over his shoulder. "I suppose you need to leave my town. Sometimes, wanted posters don't look like the man wanted. Just sayin' I'd prefer not to think on it too long. I hear Mexico has need of some good horse wranglers."

Heath watched the sheriff leave as a crooked grin eased on his face. The doctor did what Thomas had asked him to do. That worked just fine for Heath. Now he had time to get on with his own plans.

In the private Barkley rail car, Nick paced back and forth. "You do realize when he wakes up, he's going to be raging mad."

"Surely." Allie Kay placed a hand on Jarrod's forehead. "But he don't have any fever. Besides that, the doctor gave him enough laudeman to put him out most of the way to Stockton."

"I still can't believe the doctor is going along with this." Eugene had settled in a nearby seat next to a window.

"Heath said he reminded the good doctor of something. He didn't elaborate. That boy never elaborates. All I know is the doctor was eager to claim that Thomas Thomson died of fever." Nick stopped pacing long enough to glance at Allie Kay. "Are you doing okay?"

"I'm gonna miss him a mighty lot." Allie sniffed trying to halt a new onslaught of tears. "But I know Heath, he'll make good his word of sending after me. He knew it was best I go along with Jarrod in case there is complications. We don't foresee any. But it is best."

"You called him Jarrod, Allie Kay." Nick stopped pacing long enough to question Allie Kay.

"My name is Allison Barkley for the time being, until we get to Stockton. Then I'll be Allie Kay again." Allie Kay reminded her brother in law. "And Thomas Thomson is dead."

 **NOTE: Wuthering Heights was first published in December of 1847. Therefore, that was twenty eight to twenty nine years before Heath showed up at the Barkley Ranch in Palms of Glory. I have Heath younger in my story. He is only now 24 and it has been over 2 years since he arrived at the Barkley ranch claiming to be Tom Barkley's son.**


	46. Chapter 46

_"You called him Jarrod, Allie Kay." Nick stopped pacing long enough to question Allie Kay._ __

 _"My name is Allison Barkley for the time being, until we get to Stockton. Then I'll be Allie Kay again." Allie Kay reminded her brother in law. "And Thomas Thomson is dead."_

 ** _Chapter 45_** ****

"I can't believe you did this! You let him do this!" Jarrod exploded as the train whistle blew alerting the arrival to Stockton. "Heath is out there alone!"

"I know that!" Nick bellowed back. "Now lay back down before you get that wound all bleeding again!"

"My wound is the least of my worries. Alone! Nick, do you know how long it will take him to get to Mexico! Why didn't you take the train there? Why didn't you stop him!" Jarrod pushed up from his sitting position to try to stand. He weaved slightly so he sat back down.

"I think you both need to stop yelling before we pull into the station." Eugene glanced out the window. "I see a supply wagon set up from the ranch. Heath told me to look for it. According to Heath, Mother and Audra should meet us at Uncle Jim's place tomorrow."

Jarrod spoke softer not wanting to bring attention to them all. "So that's it. You expect me to just go into hiding at the Miles ranch. Then what?"

"Heath never told me his plan after that. Hoping he can give us a message or something down the road." Nick admitted. "Mine and Eugene's job is to get you off this train and loaded in the supply wagon without anyone seeing you and Allie Kay. That's all I know." Nick punched his palm with his fist. "You seemed so all fired sure of him. I was going by your example."

"I am sure of him, Nick." Jarrod stated in an angry tone. "But I'm also sure that brother of mine would put himself in danger for the ones he loves. I happen to be honored to be on that list of his."

"He's my brother too, Jarrod. That seems to be something you and that boy are forgetting. We're all family now." Nick's eyes grew very serious. "Don't you realize I let him slip through our fingers once before. Now, I have again. It isn't easy taking a chance with one brother's life to help another ones. But I'm trying to trust the boy like you have been doing."

Eugene and Jarrod were taken back at the pain in Nick's voice. He had already accepted Heath in his heart as Jarrod had. It had to be hurting them all knowing Heath's willingness to downplay his own life for theirs.

"Please, Jarrod." Allie Kay spoke up. Tears were obviously being held at bay by evidence in her quivering voice. "Heath is risking his life staying behind so you can have yours. Don't make his actions be in vain. Trust him. Heath has a plan. Let's get you healed then see where he is headed. Besides, Heath told me my job was to take care of you. I promised him. Don't make me break that promise."

Eugene touched Jarrod's shoulder. "Besides, I hear there is a lovely little lady named Tori Beth that needs reintroduced to her father."

Unabated tears streamed down Jarrod's cheeks at hearing his daughter's name. "Mother is going to bring Tori Beth to see me?"

"Of course she is, big brother." Nick grinned widely. It was good to change the subject away from Heath. Nick felt guilty enough that his blond brother was heading to Mexico with a price on his head. "Now that is worth going along with that ornery brother of ours plan. Isn't it?"

"Yes. I need to see my daughter. But know this." Jarrod stared at each of them individually. "Pappy is back and I'm going to answer to my own wrongs in this. Heath will NOT pay the price for this. Little brother isn't the only one that knows how to make things right. Do you hear?"

"We hear." Nick stated gruffly. "Now put on these work duds and get in the wagon. "Allie Kay?" Nick turned around to look for his sister in law. The girl had picked up a package and went to change. "I guess Heath told her more than he told us."

"I'm ready." Allie Kay stepped out of the private dressing closet about ten minutes later.

"That boy did think of everything. You both look like regular cowpokes." Eugene laughed at the sight of Allie Kay dressed like a man. "Come on. It is dark enough for cover. Let's get you both to Uncle Jim's place. Mother and Audra should be bringing Tori Beth around after breakfast in the morning."

The four made it undetected to the wagon. They headed towards the old Miles ranch, which Jim had purchased, to rest up for the night. They were all looking forward to a good bath and dinner. Jarrod was looking forward to shaving off his beard and having his hair cut. Allie Kay said she knew how to barbor some as she had done it before with the rawhiders. Jarrod agreed to the quick cut so he could look presentable to the rest of his family. He was looking forward to putting Thomas Thomson behind him. However, his heart ached for the brother he feared would never be in his life again.

At the Barkley ranch, Victoria was nervously gathering things she thought Jarrod may need to hide out at Jim's new place. Victoria picked up one of Jarrod's shirts. Bringing it to her nose, she sniffed causing a small smile to light her face. She didn't notice her daughter standing behind her watching.

"Is it really happening, Mother? Is Jarrod really alive?" Audra broke the silence that filled the room.

Victoria stopped and turned to stare at her daughter. She sat down on Jarrod's old bed. "According to how the telegram read I think that is what Heath hinted out. He didn't say names. Nor did he sign it by his."

Audra walked over and sat beside her mother. "I don't understand. Can you explain?"

Victoria laughed lightly as she pulled the telegram from her pocket. "I'll read it to you. You can decipher it for yourself."

 **To Miss Regal lady….Stop…  
Loudmouth and Confused One headed home….stop…**  
 **Bringing fancy talker. Fancy talk never dies...Stop….  
Need supplies old miles way...Stop….  
Bring Angelic Treasure and Fancy Talker's own treasure with you...stop….  
Pretty Nurse Girl there too...stop…**  
 **Signed…..Child of None**.

Audra's eyes twinkled. "His nickname for me is Angelic Treasure. I like that."

Both women laughed nervously as they embraced in a hug. The excitement of seeing Jarrod again caused them both to be elated. Only when Audra pulled away did the truth hit the blond sister, who looked so much like the lost brother.

"Oh, Mother." Audra clutched the top of her gown. "Heath never mentioned he would be with them. Is he not coming home?"

Victoria could see how distraught Audra was. However, Victoria didn't even think of Heath coming back nor did she think of the Barkley ranch being his home. After all, if Heath hadn't come, their lives would've been much simpler.

Suddenly, Victoria's hand shot up to her mouth. Her eyes filled with tears as her face became an ashen color. She gulped in air as she choked with the deep pain of facing her own actions.

"Are you alright, Mother ?" Audra wiped her own tears and clutched her mother's forearms.

"Oh, Audra." Victoria sobbed as she pulled her daughter close. "Without Heath coming into our lives, Nick would be dead. You'd be dead or a victim of Evan Miles, and Jarrod would be hung or imprisoned for murder! I'd have lost three of my children if the lost son of Tom's had not found his way to us!"

"I know, Mother." Audra brushed her fingers through her mother's silver hair. "Heath protects us like were his responsibility. He is so much like I remeber father being. He is wonderful. Isn't he?"

Victoria didn't answer as she felt her whole world spinning out of control. Victoria needed to think. Therefore, she sent Audra to check on Tori Beth. "Darling, why don't you go check on Tori Beth. Make sure she has her things packed for tomorrow morning. Pick out one of her prettiest dresses."

Audra giddily agreed. She thought her mother was only reacting to the news of seeing her oldest child alive again. Audra left the room to do her mother's bidding.

Victoria remained seated on Jarrod's bed as her mind played memories from the past. She had not allowed her heart to open up to Tom's son. She was envious and angry that Heath existed. Deep down she knew it wasn't the young man's fault of his being born. However, it was so much easier to blame the blond gunman than to blame her dead husband. A husband, who she adored more than her own life at times. She had fooled herself and her children into believing that Heath wasn't welcome due to his choice of being a hired gun. Now she faced her own truthful reality.

She was angry and envious of a son, who looked like her Tom. After all, Tom wasn't there to answer for his guilt. Heath was. As Victoria faced her demons, she also faced the anger had come from jealousy of a son, who looked more like her husband than her own sons. Tom had often teased Victoria that it would be nice if he could have one son with Barkley coloring.

Tom would wink and say. "Well at least I got me a pretty little princess that looks like me. Reckon a boy that pretty may cause a stir anyway."

Tom would then embrace Victoria and whisper in her ear. "You always were a rebellious one, Vic. You gave me the fair haired child but made her a girl."

Tom had said it so seriously in his usual joking manner. However, despite his joking tone, Victoria knew that Tom truly desired a son who looked like him. Victoria had wanted to give Tom that son as well. Now, an affair produced that child she never was blessed to have.

"You have that son, Thomas." Victoria whispered as she stared upwards. "He looks more like you more than you could even have envisioned. Despite his lot in life, he is an honorable man. A man loyal to this family, which denied him. Oh Tom, what have we done to that boy? What have I allowed to happen?"


	47. Chapter 47

**_Chapter 46_**

Jarrod Barkley held his squirming daughter to his chest. Joyful tears streamed down his cheeks. "She's beautiful, Mother."

"She most certainly is, Jarrod." Victoria stood in the corner of the room folding some of Tori Beth's clothing. "Ellen insisted I set up a nursery here. She said that way Tori Beth could visit her father overnight at times. Jim and she said to stay as long as it takes. They think it will be good to have someone look after the place until they get things settled. They have hired on a man to do most of the work for Jim with selling horses and buying a better stock to start a growing horse business here. However, Ellen and Jim insist it will be about a year before all things are tied up."

"Well, I certainly hope this mess is cleared up long before then. But it will be nicely set up for Jim and Ellen to come stay when visiting until they get to move here permanently. You don't mind staying the night. Do you, Mother?" Jarrod chuckled as his daughter found his string tie of interest. The baby girl began to giggle. "I've missed so much of her life. I'd like as much time as possible with her."

"Of course, I don't mind. Besides, I need to get some weight on you. You look very thin. You barely touched breakfast. Oh I know you were way too excited to eat with Tori Beth being with you." Victoria sat down in the rocker that Silas had purchased to put in the room. "However, I expect you to eat much better for lunch and dinner."

"Heath lived a hard life, Mother. He knew how to help me survive out there. I learned a valuable lesson about taking the Barkley blessings for granted.I will try to eat everything you put before me, lovely lady." Jarrod bounced his daughter on his knee as he spoke.

"You and Heath became very close. Didn't you, son?" Victoria reached over to grasp Jarrod's hand.

"I'm going to miss him. I still can't believe he had the doctor go along with this plan. I confessed my guilt." Jarrod shook his head in exasperation. "It doesn't matter. Once I'm up to making it into town, I'm going to turn myself in."

"Let's not think of that right now, Jarrod. Let's enjoy time with your daughter." Victoria winked at him. "Before your nurse comes and makes you go to bed. I thought I was strict but I do believe Allie Kay has me beat when it comes to her patient care."

"She promised Heath to take care of me. That's one thing those two do is keep their promises to each other." Jarrod bounced his daughter slightly higher. Tori Beth giggled loudly before her giggle turned into a crooked smile. Jarrod's breath hitched in his lungs. "My gosh, she has his smile."

"Yes. I've noticed that my granddaughter has her grandfather's smile. She is the only one in the family to have inherited Tom Barkley's smile." Victoria lightly pinched her granddaughter's cheek. "She has Nick's dimples."

Jarrod glanced at his mother. "Tori Beth does have Nick's dimples. However, Mother, I was referring to Tori Beth having Heath's smile not father's. Although, Heath's smile is similar to father's, Heath has a mischievousness about his smile that causes his eyes to twinkle. Father never had that. My Tori Beth has her uncle Heath's smile."

Tori Beth giggled as she slurred out her first word. "Heeet."

"That's right, Tori Beth. You smile like your uncle Heath." Jarrod wrapped his arms tightly around his daughter.

"That is her first word." Victoria's eyes moistened slightly. "Oh she does the usually babble we can say is dada or something but that is her first distinguishable word."

"You were waiting on your Pappy to say your first word. Weren't you, Tori Beth?" Jarrod tickled his giggling child. "I need to make sure Allie Kay tells Heath when she sees him again about this."

"Heet." Tori Beth babbled again which elicited laughing from those in the room. The small girl enjoyed being the center of attention so she repeated the sound over and over. Each time, it caused the man holding her to smile and laugh. "Heet. Heet."

Allie Kay entered the nursery to see Jarrod bouncing his daughter on his knee. She felt her knees weaken at the name the baby was babbling. She wanted to run and cry. However, she had promised Heath she would take care of Jarrod. She would do just that.

"Allie Kay, are you alright?" Victoria glanced up at the young girl, who was clutching the door frame.

"Yes. I'm sorry." Allie Kay straightened up. "I felt a little dizzy there for a second. I reckon hearing that sweet girl say Heath's name and seeing that smile, made me miss him mighty fierce."

"Why don't you come sit down, Allie Kay?" Jarrod nodded to the settee beside the window. "You've not rested much since arriving yesterday. You fussed over me most of the night."

"I reckon since Mrs. Barkley is here, I could do with a small nap. Iffin' you don't mind lookin' after Jarrod, Ma'am." Allie Kay smiled weakly. "And if Jarrod gets some rest when his baby girl takes her own nap."

"You get some sleep. I'll take care of them. Tori Beth is ready for a bottle and a nap. I'll get that ready. I promise, after Jarrod feeds her, I'll make sure both are put down for a nap." Victoria winked at the girl. Allie Kay seemed to be happy with that. Victoria could tell the young lady needed to have some time alone to grieve for her husband's absence.

Two weeks went by quickly as Jarrod continued to heal under Allie Kay's nursing. Victoria didn't stay at Jim's ranch as much as she preferred to. She didn't want to draw suspicion to the place. Jim and Ellen arrived for a week long visit. This allowed Jarrod and Allie Kay to remain hidden without anyone questioning the house looking lived in.

Victoria had to relinquish her granddaughter to her oldest son. Audra visited and stayed more than she was able to. It was bittersweet allowing the precious girl to be with her father yet not being under the Barkley roof.

Tori Beth seemed to thrive being with her father. She had begun to call out . "Papa." each morning when seeing Jarrod. The love between father and daughter was very strong. However, Victoria noted that Jarrod continued to work on his case. He had stated to her that this would probably be his last case as no one would want a lawyer, who killed a man. He seemed to have a good outlook on not being sentenced though. Jarrod assured her that he would be happy taking care of the books for the family businesses and perhaps helping Nick around the ranch. Eugene would be able to return to college that way. It seemed Eugene was very anxious to become a doctor now rather than a veterinarian he had previously wanted to be. After seeing his brother almost die, he wanted to heal people. As Allie Kay said, she as a healer too just like he wanted to be.

One morning when Victoria was staying over night, she had heard Jarrod making his way down the stairs. She had watched him slip outside. She glanced out the window to see that Victoria was surprised to see her oldest son up so early. Since becoming a lawyer, he preferred to start the day much later.

She walked onto the large front porch to see Jarrod leaning against the porch column. "You're up early. You should be careful, Jarrod."

"No one can see me, Mother." Jarrod reached out his hand to pull his mother to him.

"I didn't mean that. You're not healed completely." Victoria leaned into her son's shoulder. She glanced at a still figure leaning against the corral fence. "Is that Allie Kay?"

"Yes. She and I both enjoy the sunrise lately. It was something Heath never missed. I would sleep in and Allie Kay would be cooking breakfast. Heath always said his mama and he watched the sunrise together at the times he was home with her. It was the only time they got to spend together without worrying about things. He said his mama said there is always hope in each new day that God blesses us with." Jarrod sighed as he grinned. "I guess Allie Kay and I are hoping Heath is watching the sunrise at the moment as well. It makes us feel closer to him."

"Has she heard anything from him?" Victoria watched as Allie Kay's shoulders shook slightly obviously due to sobbing.

"No. She trusts him though." Jarrod drew in a deep breath of air. "It is taking longer to get my notes together than I hoped. The Kyles testimony will be damaging. I'm not sure how many people saw what happened in Rimfire. I'm surprised no one came forth when Heath confessed to tell the truth of what happened."

"Most people don't like to get involved, Jarrod. It is easier to let the law work it out." Victoria brushed Jarrod's hair from his eyes. "You need another haircut, young man. Nick told me about that pony tail you wore."

Jarrod chuckled. "I'll let you do the honors after breakfast, lovely lady. I'm going to eat, play with my daughter then I plan to work some more on my defense." He stared out at Allie Kay. "That girl deserves her husband back with her. They both deserve to have the Barkley name. Don't you agree?"

Victoria knew Jarrod was letting her know that he desired Heath to come back to the ranch. Her oldest son felt that his brother deserved that much. She didn't know how she felt about Heath being a permanent fixture in their lives. However, she owed him that much and more.

"Of course." Victoria answered. Then she nodded towards Allie Kay as she added. "I'm not sure how much Ellen is willing to give that girl up though. She seems rather fond of the child. And Jim…" Victoria chuckled as Jarrod finished her sentence.

"I never saw uncle Jim so fired up over having that girl around. He treats her like a daughter. I daresay, Allie Kay has endeared herself to them both. I know they'll be heading back to finish up quite a lot more tasks at their old place before they make permanent residence here. But Allie Kay getting to know them...well...at least, Heath and Allie Kay will be close enough for them to visit if Heath agrees to return." Jarrod added.

"You're not sure he will. Are you?" Victoria watched as the pink stripes of early morning painted across the sky.

"No. He's more stubborn than any man I know. That's saying something considering I know Nick Barkley. However, Allie Kay cares for Jim and Ellen. Maybe she can convince him to stay at the Barkley ranch. Besides, I notice a certain lovely lady that seems rather fond of Allie Kay as well." Jarrod teased.

"Oh. I am. She is a darling young lady." Victoria admitted. "Jarrod, I want the family happy again. I really do."

"All of us?" Jarrod couldn't help to ask. Heath was his family. He didn't care if his mother accepted that fact or not.

"Yes. Darling, all of us."


	48. Chapter 48

_**Chapter 47**_ __

The portly, elderly lady smiled as she looked out towards the corral. The young man was a gift to them. A gift from God was what he was as far as she was concerned. Her husband came up behind her to place his arms around her waist.

"What are you thinking about, Love?" He whispered in her ear. He already knew the fondness they both felt for the blonde cowboy, who had entered into their lives unexpectedly a little less than a month ago.

"I was remembering the day our Jonathan came home to us." She chuckled at her choice of words. "He'll be sending for his wife soon. I can't wait."

The older man rocked his wife in his arms as he too remembered the day the blonde made an abrupt entrance into their lives.

 _A shrill scream could be heard from the front porch of his house. A yell from the young girl, who helped his wife around the house, filled the air._ __

 _"Mr. James! Mr. James!" The girl cried out again with a panicked voice._ __

 _Both he and his wife ran to see what the fuss was about. The young girl stared down at a blonde man laying on the porch. He was covered in blood._ __

 _"Dear Lord!" His wife immediately went down to touch the young man's forehead. "Natalie, go get some water on to boil. This boy has been shot."_ __

 _"I'll get some men to carry him into the house." He marched from the porch to get some of his hands to aide the young man._ __

 _After the foreman and another hand helped carry the blonde to a spare bedroom, the foreman questioned his boss. "Who is he, Mr. James? A posse came looking for a man they were sure they shot. That boy in there is a wanted man. I'm sure of it. It could be dangerous leaving him here with you and your wife."_ __

 _His wife stared at him as her eyes pleaded in unspoken words before she had left to tend to the boy._

 _The older man turned to stare at the foreman. "That boy is no more an outlaw than I am."_ __

 _"But Mr. James, didn't you see the twin pistols he was wearing. He's probably a gunfighter." The foreman had been friends with the landowner for many years. He didn't want to see the old man make a mistake by letting this unknown man in their midst._ __

 _"Don't you dare talk about my son like that!" The older woman angrily placed her arms over her chest. She had settled the boy in the bed and had tended to his wound. "Never, Ross!"_ __

 _"My wife is right, Ross. You don't speak of family like such." The man answered angrily._ __

 _"Family?" Ross rubbed his neck. "Son?"_ __

 _"Yes. Son. That's my boy, Jonathan. He's back." The older man smiled as he grasped his wife's hand._ __

 _"I never knew." Ross raised his eyebrow questioningly._ __

 _"He ran away to join the war. The fool boy." The old man smiled lovingly at his wife. "I named him after my brother, God rest his soul. Now my boy is home again. There will be no more of talk of Jonathan as you had. That goes for all my hands. Inform them. If they don't want to go along with me, they can find another job."_ __

 _"Yes, Sir." Ross left shaking his head._

 _Ross was more confused than when he first helped place the boy in the bed. He never knew his boss had a son. The boy was too young to have joined the war. However, his boss and his boss's wife were good people. They were the best of people. He'd support them in whatever they wanted. However, he'd also keep an eye on the blonde stranger._ __

 _"How is the boy, Love?" The older man walked with his wife to the bedroom, where the boy lay sleeping._ __

 _"He found us." She beamed. "He trusted us enough to come home to us. This is his home now. Do you think he'd mind being called Jonathan?"_ __

 _"No. Just around the men. He can call himself whatever he wants in our home. But we'll protect this boy like he was our own." The man answered._ __

 _"He is our own now." She touched the blonde's forehead. "The wound wasn't bad. It had looked worst because of the bleeding. It is hard telling how long he rode like that."_ __

 _"He was determined to make it to us." The man sat down beside the bed. He gripped the blonde's hand in his. "Welcome home, Son."_

The older man chuckled as he thought of how close Ross now was to his Jonathan. After a few weeks of working with the blonde cowboy, Ross decided the boy was a good man. It was fine with him that his boss and his boss's wife thought he was their son. Maybe he was. Ross wasn't one to question it as the boy turned out to be a great asset to the horse ranch.

*********************B*****************

Nate Springer couldn't believe all he had heard as Nick Barkley reiterated the story. Nate had agreed that Jarrod's legal papers for Melanie's father to sign were perfect. When Phil Archer was presented with the facts, he had no choice but to arrest all involved in the plot to steal the gold and blame it on Tom Barkley. That was just the first step in the plans set in motion by Heath Thomson and Jarrod Barkley.

"Where is Jarrod now?" Nate leaned back in Jarrod's office chair.

Nick fiddled with a paper weight sitting on Jarrod's desk. "Staying at the old Mile's place. My uncle Jim bought it before this mess happened. Anyway, Uncle Jim and Aunt Ellen are trying to tie up loose ends selling their ranch and moving horses. They hired some folks to help take care of that. It will be about a year before all things are settled and they can move in at the Mile's place. Well, new Barkley horse ranch. That being the case, Jarrod can live there unseen until this case gets underway and over with."

"It will take a few weeks to get to half the witnesses after the mess Phil Archer made of this. Of course, it wasn't his fault the Knights of the Golden Circle started the mess. Phil couldn't help to bite at the bone to send a Barkley to prison." Nate shook his head again. "You say you wasn't the one to send that telegram to me? It told me I was needed in Stockton. I was to see you as soon as possible."

"Not me. I suspect who did send it though." Nick closed his eyes. Heath Thomson was full of surprises. This was no exception. From setting up a place for Jarrod to remain incognito to having Nate Springer meet him at Jarrod's office almost a month later. Heath had even mailed a file to be delivered to Jarrod's office, which was meant for Nate Springer to use in defense of Jarrod as well as use in his plan. "Can you help out Alli Kay too?"

"I can." Nate spoke. "I think considering her situation. She is under duress for her unborn child. I don't see how Phil Archer will not work with her. The prosecuting attorney would look in bad favor sending a woman with child to prison."

"She ain't with child!" Nick bellowed at the surprise of Nate's words.

"According to her and Dr. Merar she is." Nate raised an eyebrow. "I know she wasn't at the time of the escape. However, Archer won't even question her on that. He will assume she lost a first child. He already was wanting to make Allie Kay look desperate to get Heath out of the situation. That way it makes it look like Heath Thomson was desperate for Jarrod to hire him for killing Cass Hyatt. Finding out Allie Kay is with child will fall right into his prosecution plans. It will keep the girl out of jail as well. Archer would rather have her as a woman done wrong by Heath Thomson than a criminal."

Nick cursed with a chuckle. "That boy sure laid out his cards hoping to play the right hand. Bet ya Allie Kay will be fit to be tied when she finds out he planted his seed on purpose."

"Your family realizes the boy will never be able to tell he's really a Barkley now. Don't you?" Nate folded the notes into the file.

"Yeah. Jarrod is enjoying his visits from Mother, Audra and his daughter. No one is suspicious as it seems Mother and Audra are helping get things ready for my aunt and uncle. But Jarrod grieves at the fact that Heath won't be a part of our lives." Nick stood up and paced back and forth. "Are you sure there isn't a way?"

"I'm positive, Nick. Archer is no fool. Once there is a connection of Heath as a Barkley, this whole thing will blow up in our faces. If this information did come from that younger brother of yours like your claiming, Heath has given me enough ammunition to get Jarrod free and clear of all charges if I go the route he planned. But there can never be a connection made that Heath is Jarrod Barkley's brother." The lawyer was astonished at the details Heath had put in the notes to him. If the boy had lived a life under different circumstances, the blonde gunfighter may have been a lawyer to rival Jarrod or at least be a partner with. Jarrod's own notes added even better detail for his defense. The case was being presented to him all wrapped up.

"Allie Kay must not be referred to as Allison Barkley as she was in that town. She is Allie Kay. She isn't even a Thomson. As far as everyone is to know, Heath Thomson left Allie Kay pregnant with his bastard child. I'm sure those two will work out things differently once Allie Kay is cleared of all charges." Nate slid his hand over the file. "Heath is a very intelligent man. He thought of almost everything. What he didn't think of was Jarrod's insistence of taking blame for killing Cass Hyatt."

"Well, I'm not sure what to do with the fancy talker in that regard." Nick admitted as he puched his fist into the palm of his hand. "Jarrod won't budge on the subject."

Nate Springer laughed slightly. "Fancy talker fits Jarrod Barkley. Don't worry about Jarrod's confession. I have my own plans about that. Well, Heath's list of people to interview gave me a plan of action where that was concerned. Let Jarrod sing like a canary. I'll do my part in getting that confession thrown out." Nate stood up. "Like I said, Heath has thought of almost everything."

"Except being part of our lives." Nick closed his eyes as tears threatened to come forth. It surprised him how emotional he was getting over not being able to know his brother. A brother his family had once turned away was now a brother never to be.


	49. Chapter 49

**Note: I am by no means a Jarrod Barkley. In other words, I do not know a thing about the legal system or how things work in the courtroom. That being said, this is my take on the prosecution of Heath Thomson and Jarrod Barkey for murdering Cass Hyatt. The trial will be where all the answers come of how Heath was thinking. I doubt it is really how things work but it is my plan from day one. So here it goes.** ****

 **** ** _Part I-Trial_** ** _  
_** ** _Chapter 48_** ****

 _"Except being part of our lives." Nick closed his eyes as tears threatened to come forth._

 _It surprised him how emotional he was getting over not being able to know his brother. A brother his family had once turned away was now a brother never to be._

The courtroom was a buzz with murmurs as Jarrod Barkley took his seat next to Nate Springer. The day before, Phil Archer was informed of Jarrod's death being a fluke set up by Heath Thomson. Jarrod had spent the night in Stockton's jail. Both Archer and Springer agreed it was time for the trial to take place. The judge was eager to get the whole fiasco over with as well.

Jarrod looked like the old Jarrod Barkley. He felt confident that Heath would be cleared of all charges. He felt he would spend little time in prison. He knew his family would take care of his greatest gift in life, Tori Beth.

Audra stayed at the ranch taking care of Tori Beth. She knew that the girl may never see her father for a long time as Jarrod informed her that Tori Beth was never to see him behind bars. That wasn't an image the father wanted his daughter to have of him. Audra also knew that she may never see her oldest brother but behind bars from this day on. Audra said a prayer before taking little Tori Beth out to Victoria's flower garden to play.

Nick, Eugene, and Victoria sat behind Jarrod alerting all who were witnessing the trial of their unfaltering support for Jarrod. All three had greeted Jarrod with warmth and hope of a new day beginning in their lives.

The first to take the stand was Allie Kay. Both Phil Archer and Nate Springer agreed that the girl was under duress. Dr. Merar said the young lady didn't need any more stress in her condition. Allie Kay had informed them all she had some kind older folks who she was going to live with once the her part was over with. Therefore, both prosecution and defense agreed to let the girl testify allowing her to leave after.

Phil Archer approached the beautiful girl cautiously. He didn't want to be the bad guy. He'd make Heath Thomson out to be that as far as the girl was concerned. It would be in his best interest if Allie Kay was seen as a victim to the womanizer and known gunman, Heath Thomson.

"State your name for the record, Miss." Phil smiled nicely as he spoke to Allie Kay.

"My name is Allie Kay. Don't remember my mama and daddy's name." Allie Kay answered nervously. Before departing from Heath with an injured Jarrod, she was told by Heath to not admit she was married to him. She was not to use the name Barkley or Thomson when concerning herself.

"How do you know the defendant?" Phil again spoke softly and kindly to Allie Kay.

"Which one?" Allie Kay asked alerting Phil Archer she was not the dimwit he was talking down to. "Do you mean Heath Thomson or Jarrod Barkley?"

To Phil's surprise, Nate had insisted he was lawyer for both defendants and they would be tried at the same time. Although Heath Thomson wasn't there to defend himself, Nate had written documentation stating that he was indeed Heath Thomson's lawyer.

"How about both." Phil glanced over at the defendant's table. Nate was studying over notes showing no concern of Allie Kay's testimony. Jarrod was listening intently.

"Heath Thomson and I were real close." Allie Kay subconsciously rubbed her stomach. "Jarrod Barkley met me at the jailhouse when I helped Heath escape."

There were whispers that began at her admittance of Heath escaping with her aide.

Phil touched Allie Kay's hand as he spoke. "Is it true that Heath Thomson is the father of your unborn child?" Phil watched as Allie Kay's face reddened. "And that he left you to run from the law?"

Allie Kay nodded. "Heath is my baby's daddy. I ain't never been with anyone else."

"So we all can assume that you helped Heath escape due to your relationship with him?" Phil inquired as he glanced at the jury. "As well as assume that you felt you had no choice but to help Heath escape as he was your only source of income?"

"Yes. Sir." Allie Kay answered as she again fidgeted in her seat.

"Is it also true that you passed out on the day of Heath Thomson's and Jarrod Barkley's escape from jail?" Phil knew the jury would understand the question as to what he was hinting at.

"Deputy Billy helped me from what he thought was a fainting spell." Allie Kay kept her words short as possible. Jarrod had told her to do that.

"Did you faint because you were sick, Ms. Allie?" Phil tucked his fingers in his vest pockets.

"No, sir. I wasn't sick." Allie Kay glanced at Jarrod. She hoped she was using all the right words. She wanted this part over with so she could be with Heath again.

"Once again, Miss Allie Kay, did you help both Heath Thomson and Jarrod Barkley escape from Stockton Jailhouse on August 3rd, 1876?" Phil's voice was monotone in the question.

"Yes. I helped Heath escape." Allie Kay answered as she bit her lip.

"Did you hold Sheriff Madden at gunpoint?" Phil stared at Allie Kay then the jury.

"Yes. But it weren't loaded. I know better than to pull a loaded gun on a lawman." The girl's eyes were large as she stated. "That wouldn't be right."

Phil never bothered to question Allie Kay on if the gun was loaded or not. It caused him to pull at his collar when he saw most men on the jury taken by the beautiful innocent girl. His plan was to make Allie Kay seem desperate and forced into holding a gun on the lawman for Heath Thomson and Jarrod Barkley.

Phil Archer cleared his throat. "Did either Heath Thomson or Jarrod Barkley know the gun wasn't loaded?"

"I don't reckon. Although, Heath is real perceptive like about those things. Iffin' he saw the cartridge, he'd know." Allie Kay smiled as she noticed Jarrod's chuckle slightly to himself. Sheriff Madden's face reddened due to realizing he had been duped by the girl.

Phil Archer had questioned Allie Kay enough. The jury had the information that Allie Kay had aided Heath Thomson and Jarrod Barkley in their escape. It didn't matter if the gun was loaded or not. It was still an escape attempt pulled off with the aide of a desperate woman.

"No further questions from this witness." Phil Archer walked over and sat behind his table.

Nate Springer shuffled some papers before standing to question Allie Kay. "Miss Allie Kay, are you feeling fine to go on?"

"Yes, sir." Allie Kay again bit her lip nervously.

"Is it true that during the escape, Jarrod Barkley refused to go with Heath Thomson?" Nate Springer glanced at Phil Archer, whose mouth had dropped open due to the shock of the question.

"Yes. Sir. The sheriff can back me on that too." Allie Kay fiddled with the lace on her dress.

"I'll question him later on that. What happened when Jarrod Barkley refused to go with you and Heath Thomson?"

"Heath took the gun and put it on Mr. Barkley. I can't remember his words but he threatened him if he didn't go, Heath would shoot him." Allie Kay glanced up as she spoke. Then she turned towards Jarrod. "Mr. Barkley didn't want to go with us."

"Miss Allie Kay, was that the first time you met Jarrod Barkley?" Nate Springer questioned as he leaned in to her.

"No, sir." Allie Kay answered as she once again fiddled with her dress.

"This is very important, Allie Kay. When was the first time you met Jarrod Barkley?" Nate glanced at Phil, who was making notes on Allie's testimony.

"I met him when his wife was shot. I helped deliver his baby girl. But I don't reckon he remembers that." Allie Kay hated mentioning those events. Jarrod's eyes watered as she spoke.

"Why do you not think he will remember?" Nate turned and walked to stare at the jury. He was emphasizing the importance of the question.

"He didn't seem to be all there in his head. He was grievin' something fierce." Allie Kay answered as her own voice shook thinking of the man, she loved as brother, hurting so.

"Objection, your honor. She is not an expert on Mr. Barkley's state of mind." Phil stood up. This was playing right into Jarrod's temporary insanity plea.

"Your honor, I have added Mrs. Victoria Barkley and Dr. Merar to my witness list to collaborate Miss Allie Kay's testimony. However, to save the court's time, I felt she was there to witness Mr. Barkley's state of mind at the time." Nate Springer answered quickly.

"Mr. Archer, you can question the two witnesses mentioned or should Miss Allie Kay's testimony stand?" The judge jutted up his eyebrow.

"I'll let it stand. However, I wish to go over some of my notes on her testimony to question at a later time." Phil Archer swallowed knowing he had already made a deal to Allie Kay for her testimony.

"Your honor, may we approach the bench?" Nate Springer glanced at Phil Archer as he spoke. The judge nodded his approval before both the district attorney and the attorny for the defense approached him.

"What is the problem, Mr. Springer?" The judge leaned in to hear closely why there was a problem with Phil Archer's request.

"Your honor, Mr. Archer has already made a deal with Miss Allie Kay for her testimony. He has questioned her thoroughly the previous week. She is to leave on this afternoon's train as part of an agreement. Dr. Merar didn't wish the girl to be stressed any more than she should be. An elderly couple has agreed to take her in. I'd hate for a girl in her predicament to lose the chance of their help due to the negligence of our district attorney not questioning her more thoroughly before her testimony. If he has questions now, I do not object to his redirect. But to keep her any longer than today is against the agreement Mr. Archer signed concerning Miss Allie Kay's testimony."

"Is that a fact that you already made an agreement with Miss Allie Kay that states she will not be testifying after today?" The judge leaned back and scratched his chin.

"Yes, your honor. However…." Phil Archer stuttered.

"Then ask your questions now with a redirect or you are done with this witness." The judge stated alerting Phil Archer there was no arguing with him.

"No questions, your honor." Phil Archer stepped away feeling defeated by Allie Kay's testimony.

"Then this witness is free to go." The judge couldn't help but smile as the young lady looked relieved and excited to be starting her new life away from Stockton.

Heath Thomson still looked guilty but Jarrod Barkley's defense was looking better.


	50. Chapter 50

**Author's NOTE: Life has been busy as well as stressing as we all know. I have a few weeks until summer break. I hope to be able to finish this up as soon as I am able. Thanks to all those continuing to read. I apologize for the long delay between updates. It was never my intention to take this long on this story. I do know where I'm going with it so it is not writer's block or anything to do with writing. Real life is just throwing curveballs at me. I thought I'd take a quick look at Heath's whereabouts this chapter before continuing on with the Trial.**

 ** _Chapter 49_**

 _"Then this witness is free to go." The judge couldn't help but smile as the young lady looked relieved and excited to be starting her new life away from Stockton._

 _Heath Thomson still looked guilty but Jarrod Barkley's defense was looking better._

Heath wiped the sweat from his brow as he handed over the horse to Ross Carson, the ranch foreman for the time being.

"I'm gonna miss this job." Ross rubbed his whiskered chin slightly. "But I reckon that I'm glad the job is going to a good man. Perhaps better at breaking horses than I am. Glad you came home to them, Jonathan."

Heath chuckled. "Too bad you can't come with us. I could use a good man like you on the ranch."

"Naw. The boss man gave me a real good gift to get me started here. I plan on making me a small ranch. Nothing big like you have in mind. Your plans are bigger than most." Ross squeezed Heath's neck with a friendly grip. He had became close to Heath the last few months.

"Pa agrees with me though." Heath slapped Ross's back. "I better head to the house. I need a good bath and shave."

"That's right. Your wife is coming today. Half the ladies in town were mighty disappointed when they found out you were taken in marriage." Ross winked at his young friend. "I can't wait to meet her."

"Allison sure is something. I tell you that." Heath smiled as he got excited thinking about seeing his Allie Kay again. "Prettiest gal I ever saw."

"I can imagine." Ross stated as he lead the horse to the pasture where the other sold horses roamed around. He coud envision the girl as beautiful woman the blonde claimed. After all, the boy was obviously an infatuation to many a female. Ross's thoughts went back to the horses in the corral."You sold all but a few."

"Pa said he wanted to keep those for the new breeding stock." Heath scratched the back of his neck. "I'd have chose the same ones."

"You and your pa think alike." Ross leaned on the corral fence after letting the horse free. "I have to admit it, Jonathan. At first, I thought the old man and his wife were crazy letting you come here. I didn't believe you were their son. All the years I've known them, they never mentioned having a son. But the more I'm around you and your pa together, I can see it."

Heath didn't mind Ross speaking his mind. The man was protective over the owners of the ranch. He would be weary as well. But the couple had taken him in and made him one of their own. For that, Heath was grateful. Being called Jonathan by the hands and others in town didn't bother him any. He could get used to it. The couple called him Heath in private. That suited him just fine.

For the first time in his life, Heath felt things were coming together for him. He felt blessed to have a family as well as a child on the way. He only hoped the trial was going as planned. Nathan Springer was a great lawyer according to Jarrod. However, unlike Jarrod, Nathan Springer didn't mind bending the situation to suit his client. That is exactly what Heath was counting on with the man.

It wasn't long until the train pulled into the station. Heath was practically fidgeting on his feet. He hadn't seen Allie Kay for months. He missed his wife. At the same time, he knew his wife was now carrying his child. He couldn't help but wonder if he would notice his child growing in her womb.

The older couple also stood with Heath. The man had his arm encircled around his wife's waist. "My love, how does it feel to be a whole family again?"

The elderly woman glanced up at the man she had been with most of her life. "I can't believe we are going to have a grandbaby. We have a son now and his wife. That I expected. However, a grandchild is an added blessing."

"Did the nursery suit what you wanted? Did she like it too?" The man peered at those exiting the train.

"Yes. It was everything I expected." The woman chuckled as her new son stood straighter. "Heath has spotted her."

After the words left the older woman's mouth, Heath jogged towards Allie Kay, who had also spotted him. The older couple watched the younger couple embrace. They both smiled as Heath spun his wife around. The older woman blushed slightly when Heath passionately kissed Allie Kay after he sat her back on her feet. However, she wasn't ashamed of the young couple displaying their love inf front of others. It was obvious that Heath and Allie Kay were caught up in the moment.

"Let's get our boy and head home, my love." The older man kissed his wife's cheek.

The couple interupted Allie Kay and Heath kissing. Allie Kay turned to the awaiting ranch owner.

The woman greeted her with an embrace. "Welcome home."

Allie Kay clung tightly to the female. She felt the warmth and love flow through her from this woman. "I'm glad to be home, Ma."

The older couple allowed Heath and Allie Kay alone time. Heath wanted to be alone with his wife. The couple remembered what it was like to be that passionate with one another. They still enjoyed having alone time together as well. The older couple sat on the porch watching the horses strutting in the corral. Heath sure had the animals looking nice for their new owners. The couple couldn't have been more proud of the blonde cowboy. Heath had taken Allie Kay to a newly repaired line shack on the outer edge of the small ranch. They could be alone there.

Heath held Allie Kay in his arms. He ran his hand over her bare abdomen. Although there was barely a bump, he could still feel the slight roundness of her once taut abdomen. His future was held within this beautiful woman's body. Heath never expected to have a future at all. To have a future so promising was beyond his wildest dreams. Heath would make love to his wife two more times before heading back to the ranch house where dinner was served.

After dinner in the small ranch house, the older lady, known now as Ma to both Heath and Allie Kay, showed the girl to the room to rest.

"It isn't as fancy as the house you were staying at." Ma said as she patted the quilts folded on the bed. "But it is only temporary."

Allie Kay smiled genuinely. "It is much nicer than I or Heath have had in life. You don't know how much it means to us that you're helping as ya are."

"Heath is ours now. I don't care what anyone else thinks or feels on the matter. We've took him in as our son. He is our Jonathan as far as the rest of the world is concerned." The portly woman pushed back strands of gray hair that had fallen out of place. "Now, you get some rest while Heath finishes up with the horses. I know you're tired from the trip. Not to mention the long morning of testifying a couple days back."

"I reckon so." Allie Kay sighed. "It sure is good to be home."

Allie Kay thought of how Heath had come to know the two older people, who he now considered his parents. Heath said they had met after a funeral both he and the elderly couple attended. A few days later, Heath had ran into the couple in town. The man introduced himself to Heath as the brother of the man buried. Heath shook his and the man's wife's hands before agreeing to speak to them about their small horse ranch. The man had invited Heath to become a part of their family as he and his wife were never blessed with children. Allie Kay smiled knowing Heath had found a father figure in the man.

Heath was reluctant at first but when the time came when he had to run and save Jarrod too, Heath had informed Allie Kay that he was going to see if the offer still was available for them. Allie Kay was thankful that it was. She knew how fond the elderly couple was of her husband. Heath had taken up a special place in their hearts. It was only natural to call him son and to use the name of the buried brother as part of the cover. He was Heath inside the walls of this home. Outside, he was Jonathan, the son of the couple, who had longed for a child of their own. Now Heath filled that void while the older man filled a void of Heath never having a father. Allie Kay was eager to be their daughter as well.

"I'm glad you're already thinking of this as home." Ma poured some water into the dry sink before leaving. She paused to make sure Allie Kay was settling in.

Allie Kay glanced out the window longingly. Heath had went to finish up his work before coming in for the evening. "Anywhere Heath is. That's where home is to me."


	51. Chapter 51

**Author's NOTE: I would like to thank any reader that is still interested in this story. I have had a few twists and turns in life lately. Many things have happened however, that is life. One was….. My dad was given three weeks to live. He was buried the Monday before Memorial day. He had been in remission of cancer. However, it came back full force and took him from us. Although it grieves me, I know he is where he will no longer suffer. Secondly, great blessings of a new grandson being born to me. I am expecting to see my daughter deliver my second grandson soon. That being said, I apologize for the delay in trying to get this story completed. It was NEVER MY INTENTION to let this go on this long. Again, I apologize.** ****

 ** _Chapter 50_**  
 _ **Trial Part II**_

 _Allie Kay glanced out the window longingly. Heath had went to finish up his work before coming in for the evening._ __

 _"_ _Anywhere Heath is. That's where home is to me."_

Nathan Springer almost chuckled out loud as Phil Archer became flabbergasted at Sheriff Madden's admittance that Jarrod Barkley was taken by force when Heath Thomson escaped. It had given Jarrod a point or two with the jury.

However, Phil approached his next witness with confidence. "Mrs…." Phil began.

"Call me Miss Annie." Big Annie pushed back her fake blonde tendrils as she stared at the district attorney.

"Fine. Mrs. Annie, on the night of August 23, 1877. Did Jarrod Barkley approach you asking for Heath Thomson?"

Big Annie scowled at the weasel of a man. But she answered honestly. "I suppose that was the night. I didn't exactly have a calendar. Mr. Barkley did ask where Heath was. I told him where Heath was. I had Heath go to him."

Phil Archer straightened his shoulders. "Did Mr. Jarrod Barkley come to hire Heath Thomson or do you feel he had business with him?"

Nate stood up quickly. "Objection, your honor. Miss Annie has no way of knowing what conversation that took place between my clients. She only can state facts in evidence or what she heard."

"Sustained." The judge agreed.

Phil Archer nodded his head in understanding. "Good enough. Once again, did Mr. Jarrod Barkley inquire about Heath Thomson on the night in question?"

"I told you he did." Miss Annie fidgeted uneasy. She had a business to run. She didn't need mixed up in this mess.

"Thank you, Mrs...Mrs. Annie. I have no further questions of this witness." Phil headed back to sit behind the prosecutor's table.

"Mr. Springer. Would you like to cross exam?" The judge inquired.

"I have no questions of this witness." Nathan Springer watched as Jarrod nodded in agreement. He still couldn't believe his luck of having Jarrod prepare his own case as well as Heath Thomson doing all the legwork to make the case in favor of Jarrod. Nathan had his case handed to him.

The next witness called was Jacob Kyles. Phil was sure he'd make Nate Springer and Jarrod Barkley squirm at this testimony.

"Mr. Kyles, on the night in question, did you bear witness to a conversation between Mr. Jarrod Barkley and Mr. Heath Thomson?" Phil Archer was standing in direct front of the courtroom facing Jacob Kyles.

"I did." Jacob had been cleaned up for the trial. He had a suit on to look more presentable. Although it was a cheap suit, it still made him look much more trustworthy than his usual attire.

"Did Jarrod Barkley mention Cass Hyatt to Heath Thomson?" Phil glanced quickly to see if Nate or Jarrod were going to object. Neither did.

"Yes, sir. I heard him. He did." Jacob was already told to keep his answers short until telling of what he heard.

"Can you tell the jury what you overheard during the conversation between Jarrod Barkley and Heath Thomson?" Phil Archer leaned in to make sure Jacob Kyles knew exactly what to say without elaborating on anything of his son's hanging.

"Sure can. Jarrod Barkley asked Heath Thomson to kill Cass Hyatt for him." Jacob leaned back to smugly glance at Jarrod.

"Did you hear anything else? Whether Mr. Thomson agreed to or not?" Phil Archer stuck his thumbs into his vest pockets smugly.

"I heard the gunslinger. That Mr. Thomson fella say he'd kill him for him. Then I left. Didn't want to be there no more after that." Jacob Kyles grinned as he stated what he heard.

"Thank you, Mr. Kyles." Phil Archer headed to sit at his seat.

"Mr. Kyles, that is a very nice suit you have on." Nathan Springer stood up and walked toward Jacob Kyles.

Jacob Kyles rubbed his hand down his new suit. "Reckon it is."

"Did Mr. Archer buy you that suit?" Springer glanced towards Archer awaiting his objecting.

As if on cue. "I object, your honor. Mr. Kyles suit has nothing to with this trial."

Nate spoke quickly. "Withdrawn."

He didn't care if the objection was overruled or sustained. The idea of Archer paying Jacob Kyles for his testimony was already placed in the jurors' minds. Jarrod didn't like where Nathan had gone with the asking about the suit. It was common for defending attorneys and prosecution to help out a witness in clothing choice for trial. He knew Nate was making it look bad for Phil. Jarrod would bite his tongue until he could take the stand. Then, Jarrod felt the whole truth would come out.

"Your son,Emmet Kyles, can collaborate this testimony with you. Can he not?" Nathan Springer glanced at the jury before turning back to look at Jacob Kyles.

"My boy would never hit his daddy! He will say he heard the same! I tell you. He would never clobber me." Jacob Kyles sat back angrily.

Nathan Springer rolled his eyes as he restated his question so that Jacob Kyles could understand. "So Emmet or Alan Kyles will agree to what you're saying?"

"They was there. That's what I said." Jacob smiled as he raised his eyebrows confidently.

Nate smiled. "Your sons are honest. They will give an honest testimony according to you?"

"Yes! My boys will tell the truth as we heard it." Jacob snarled as he said it.

"Thank you, Mr. Kyles. I have no further questions of you."

Nathan Springer left the questioning of Jacob Kyles at that. Jarrod had already prepared the line of questioning for Emmet Kyles to help Heath's guilt be questionable. Phil Archer unknowingly played into their hands when he called Emmet to the stand. His questions went along the same lines as it did with Jacob Kyles. He felt it helped in the collaboration of putting Heath and Jarrod together in the murder of Cass Hyatt.

To everyone's surprise, Nathan allowed Jarod to question Emmit Kyles. It would help later when he began his defense.

"Mr. Kyles, although it is true that you did overhear the conversation between Heath Thomson and I, is it also true that you came back into Big Annie's briefly after your father and brother left?" Jarrod didn't realize that Emmit had returned to the bar that night. However, Nathan knew somehow.

"Yeah. It's true. The men next to my table didn't finish up their beer. Figured why let it waste. I came back in to drink it right quick." Emmit explained as he scratched his scruffy chin.

"Can you tell the court the exact words that I said to Heath Thomson at that moment?" Jarrod tucked his thumbs into his vest pockets confidently.

"Well, I'm not sure what you mean?" Emmit chewed on his lip.

"Let me help you remember. When Heath Thomson offered to kill Cass Hyatt for me…" Jarrod paused as the jury gasped at the admittance from Jarrod Barkley. "What did I say to Mr. Thomson?"

"Well. You told him that you didn't want him to kill the man. You wanted him to teach ya how to kill him.." Emmit's brow wrinkled.

Jarrod confidently leaned in to speak to Emmit. "How did Heath Thomson react to that?"

"That young gun fighter didn't like that none though. He said not to go into that type of life for ya. Said he'd do it." Emmit swallowed. He told the truth because his daddy had said he would just moments earlier to the court.

"How did I react to that, Mr. Kyles?" Jarrod stared at the jury then to Emmit.

"Ya didn't like it none either. Ya kind of got mad at the Thomson fella. Least ways, that's how I saw it." Emmitt once again scratched his chin. "The Thomson fella refused to help ya. You left in a hurry after that."

"So you are saying that Heath Thomson never agreed to be hired to kill Cass Hyatt for me?" Jarrod arched his eyebrow.

"Not that I heard. He told ya no." Emmit glanced at his dad nervously.

" Are you also saying that I never hired Heath Thomson to kill Cass Hyatt?" Jarrod heard murmurs in the courthouse as he asked the two questions.

"No. I reckon ya didn't. You said you wanted to kill the man yourself." Emmit cleared his throat. It was obvious he hated that he had information to go against the words of his own daddy.

Phil Archer knew that the Kyles testimony was no longer a plus for his prosecution. Jacob Kyles had already vouched for his own son. To recall them would only make Jarrod's and Heath's defense stronger. He closed his eyes trying to think as Emmit left the stand. First Sheriff Madden had testified that Heath had kidnapped Jarrod in the escape. Then Annie didn't hurt or help. Her testimony only confirmed Jarrod was looking for Heath. Therefore, the jury could link that into the fact Jarrod only wanted Heath to teach him a few things about being a gun for hire. He had no idea that his case was going to fall this quickly. Archer called the sheriff from Rimfire. All the man said was he saw Heath Thomson shoot Cass Hyatt. Nick Barkley had testified to the same thing. Phil Archer was befuddled on why Jarrod or Nathan didn't cross examine those two. Nathan Springer simply said that he requested to recall both witness during the defense.

However, he would soon find out that things were far from how the case was going to go. Phil Archer had no idea that the first witness to be called for the defense would be Jarrod Barkley himself. Before Phil Archer could wrap his mind around the shock of Jarrod being called as a witness for the defense, the court house burst open with a man yelling.

"Sheriff, you have to come quickly. Looks as if Rance Kendall done shot himself! He's dead!' Rance's long time foreman yelled for all the courthouse to hear.


	52. Chapter 52

**Chapter 51**

 _He closed his eyes trying to think as Emmit left the stand. First Sheriff Madden had testified that Heath had kidnapped Jarrod in the escape. Then Annie didn't hurt or help. Her testimony only confirmed Jarrod was looking for Heath. Therefore, the jury could link that into the fact Jarrod only wanted Heath to teach him a few things about being a gun for hire. He had no idea that his case was going to fall this quickly. Archer called the sheriff from Rimfire. All the man said was he saw Heath Thomson shoot Cass Hyatt. Nick Barkley had testified to the same thing. Phil Archer was befuddled on why Jarrod or Nathan didn't cross examine those two. Nathan Springer simply said that he requested to recall both witness during the defense. However, he would soon find out that things were far from how the case was going to go. Phil Archer had no idea that the first witness to be called for the defense would be Jarrod Barkley himself._

 _Before Phil Archer could wrap his mind around the shock of Jarrod being called as a witness for the defense, the court house burst open with a man yelling._ _"Sheriff, you got to come quickly. Looks as if Rance Kendall done shot himself! He's dead!' Rance's long time foreman yelled for all the courthouse to hear._

Allie Kay bit her lip as she anxiously poured the hot water in the metal tub. She closed her eyes sending up another prayer that Heath was okay. She breathed a sigh of relief when she heard his soft southern drawl spoken in the other room.

"I hope you finished up the business you needed done, son." The old man's voice had an edge of worry. Allie Kay recognized the worry due to her own nerves being on edge.

"I did. Had to be done. You know it did, Pa." Heath pulled off his boots and relaxed slightly. "No one saw me. I can't hide out on this ranch for the rest of my life, Pa. I have to travel to sell the rest of the horses and get ready for the auction."

"I know. Don't mean I have to like it." The old man squeezed Heath's shoulder in a gesture of love and concern. "Now, go get cleaned up. Your wife is more nervous than a cat in the creek. Don't help none she's carrying that baby. Her condition makes her more nervous."

Heath nodded as he stood up. "Thanks. I guess I'll get cleaned up and then scrounge me up something to eat."

"Your ma left a roast heating on the stove." The old man spoke as he headed towards his own bedroom. "I guess I will let your ma know you made it home without a posse catching you."

Heath walked into the other room to his wife. Allie Kay practically fell into his arms as she sobbed.

"Shhh. Now what is with the tears? Sorry to see me." Heath teased as he kissed the crown of her head.

Allie Kay giggled slightly before smacking on Heath's chest. Then she wrapped her arms tighter around him. "I was so worried, Heath. I wish we would've just went to Mexico like you planned all along."

"I never planned that, Allie Kay. Not after Thomas got shot. Not after he confessed to the sheriff of killing Cass Hyatt. That was what I wanted the Barkleys to think. I didn't want them getting any ideas to bring me back to Stockton. That would've ruined all chances for Jarrod. Anyway, I met these folks before. We talked it out. I knew we were needed here. Besides, I need these folks too. They took me and you in where the Barkleys refused at one time. Even knowing I am wanted by the law, they took me in. Never even knowing I didn't kill Cass Hyatt. But they don't care. They just want me here. Us here. It will be over some day. Heath Thomson will be forgotten. Jonathan is who I am to everyone now. There was so much wrong in the wanted posters, no one will know in a few months." Heath assured her before pulling away from her. "Now, I plan to use that tub of clean water to clean myself up. Gonna eat some of Ma's stew then…" He winked as he wiggled his eyebrows. "I have plans with my wife."

Allie Kay reached up and began to unbutton Heath's shirt. "Well, Mr. Barkley, I think you should let me help you bath then worry about the meal last on that list."

"Oh do you now?" Heath slid his tongue over his bottom lip in a suggestive manner.

Allie Kay began to play with the hair on his chest as she continued to unbutton his shirt. Heath helped her slide off his shirt before she began to unbuckle his jeans.

He growled as he said. "I reckon I agree to that."

 ** _Trial Part III_**

Court was called back in session the following day after Rance Kendall's death. Nathan Springer had known that Rance Kendall had hired Cass Hyatt to kill Jarrod. Somehow, Heath Thomson left that in his notes to Nate. However, making that connection would probably only hurt the case Nathan was working on. Therefore, he was relieved that Rance Kendall's testimony wouldn't have to be thought about. At least Phil Archer had no idea of that connection. He could have used that information for the prosecution.

The previous night at the Barkley mansion almost felt like things were normal. Nick was no longer in danger due to the deranged Rance Kendall. They were all home enjoying each other. However, the feeling of ease would end the following morning in the courthouse when Jarrod was called to the stand.

Nathan rocked on his heels slightly as he spoke to Jarrod. "Please state your full name for the records, Mr. Barkley. Your age and where you reside."

"My name is Jarrod Thomas Barkley. I am thirty three years old. I live both at the Barkley Ranch here in Stockton as well as live in San Francisco." Jarrod stated as he glanced at his family briefly.

"Now, Mr. Barkley. It has been stated by Miss Allie Kay and Sheriff Madden that you were forced to escape with Mr. Heath Thomson at gunpoint. Is this correct?" Nathan picked up his notes pretending to shuffle through them.

"That is correct. Mr. Thomson pointed the gun at me and took me hostage." Jarrod knew not to make it look like he and Heath were more than acquaintances by using Heath's first name.

"Did you know the gun wasn't loaded at the time?" Nathan glanced up from his notes.

"No. I assumed it was. There was no reason for me or the sheriff not to assume the gun wasn't loaded. Thus, the reason I went with Mr. Thomson and Miss Allie Kay." Jarrod spoke like the lawyer he was.

"I see. Now, let's move on in time shall we? You and Mr. Thomson along with Miss Allie traveled together. Why didn't you come back to turn yourself in? Did Mr. Thomson keep you hostage?" Nathan walked up to stare at Jarrod.

"No. I followed him willingly after a while. He knew how to survive when I did not. He kept us alive in the mountains and other places. Mr. Thomson reminded me that I was the one on the wanted posters with the biggest reward. I would be the one that bounty hunters were gunning for." Jarrod answered truthfully.

"So you might say you felt an obligation to Heath Thomson for keeping you alive. Is that correct?" Nathan raised an eyebrow. He could see Jarrod didn't like where he was leading.

"I did." Jarrod answered shortly.

"What happened when Thomson ran into a man known as Mance Harley?" Nathan asked noting the confusion on Jarrod's face.

"I'm not sure who that is." Jarrod admitted.

"Oh. I do apologize. Mr. Harley was an escaped convict that was shot by Heath Thomson shortly after you escaped." Nathan knew Jarrod didn't know his name. But he was using that shock for the jury to see Jarrod was not connected to Heath Thomson or his actions.

"Yes. It was in self defense." Jarrod stated adamantly.

"Can you explain exactly what happened?" Nathan asked of Jarrod.

"Objection, your honor. This has nothing to do with the case in question." Phil Archer stood up as he tried to organize his thoughts of what Nathan was getting at.

"Your honor, the questioning of this event directly goes to the defendants states of minds following the escape. It will also show the interactions of Mr. Barkley to Mr. Thomson. It also will show the events leading until Jarrod Barkley could come back to his family when he did."

"Very well. Sustained. But make it clear, Mr. Springer." The judge rubbed his chin as he sat back.

"Mr. Barkley, could you please tell us what happened to Mance Harley, the escaped convict, within the first month of Heath Thomson's escape and your kidnapping?" Nathan repeated the question.

Jarrod told of how Heath had caught Allie Kay almost being raped. He went on to explain that the man was shot and later died of being shot. He never mentioned that he still didn't know if the man was dead when Heath shot him in the head to make sure he wasn't easily identified. He also explained Heath had him change the man into his own clothing. Jarrod didn't feel telling of the name change would help the situation any. Therefore, he kept that out. He recalled a request Heath had asked him when they were on the run. Heath had requested that they not ever reveal that Heath and Jarrod were brothers due to having the same father. Jarrod made the promise. Therefore, Thomas Thomson wouldn't be revealed as Jarrod Barkley.

"So it is safe to say that you felt Heath Thomson was in charge. You did as he told you. Did you not?" Nathan asked as he peered at the jurors.

"Yes. I did as Heath thought best. He was in charge." Jarrod arched his eyebrow.

"Is it also fair to say that Heath Thomson would do about anything to protect the ones he loves? Is that what you come to see in Mr. Thomson such as when he saved Allie Kay from being assaulted?" Nathan again peered at Jarrod then to the jury.

"Yes. In my observations, Heath Thomson was protective of those he cared about." Jarrod inhaled slightly. At least this was going to come out the fact that he killed Cass Hyatt. Not Heath.

Nathan shuffled through the papers on the defense table. He walked to stand in front of the jury then headed to Jarrod.

"I have a paper here, Mr. Barkley." Nathan walked up to Jarrod and handed Jarrod the paper. "Can you please tell the court what this paper is?"

Jarrod opened the paper. He stared at his mother and brother. Victoria and Nick anxiously stared back at him.

Jarrod took a deep breath before stating. "It is my confession to the murder of Cass Hyatt."


	53. Chapter 53

**Chapter 52**  
 **Trial Part III**

 **A/N: I couldn't find if I had a name for the town Jarrod posed as Thomas Thomson. Therefore, I went with the name Waynesville. If I had established it, please let me know and I will edit this chapter.**

 _"_ _Yes. In my observations, Heath Thomson was protective of those he cared about." Jarrod inhaled slightly. At least this was going to come out the fact that he killed Cass Hyatt. Not Heath._ __

 _"I have a paper here, Mr. Barkley." Nathan walked up to Jarrod and handed Jarrod the paper. "Can you please tell the court what this paper is?"_ __

 _Jarrod opened the paper. He stared at his mother and brother. Victoria and Nick anxiously stared back at him._ __

 _Jarrod took a deep breath before stating. "It is my confession to the murder of Cass Hyatt."_

To say that Jarrod Barkley was confused was an understatement. Nathan Springer had him read his confession but had not elaborated on the letter nor had he questioned Jarrod. He simply stated he was done with this witness at the moment.

Phil Archer was even more confused at what he had witnessed and heard. There was no way a jury would find Heath Thomson guilty of any crime once the confession was read. However, why in the world would Jarrod's own defense attorney throw him to the wolves without trying to find out more information on the confession?

Phil stood and approached Jarrod. He couldn't believe that Nathan Springer had handed him Jarrod Barkley's head on a silver platter. Therefore, not one to look a gift horse in the mouth, Phil Archer simply cleared his throat before asking a few simple questions.

"For the purpose of making this clear to the jury, I have a few questions to establish what you are saying." Phil inhaled deeply. "You, Jarrod Thomas Barkley, have confessed to killing Cass Hyatt by means of drowning and choking the man to death. Is that correct?"

Jarrod stared at Phil before confirming those facts. "That is what I confessed to. Yes."

"You are saying that with your own hands, you took the life of Cass Hyatt?" Phil asked again almost uncertain of the fortunate turn of events.

"As I said, I killed Cass Hyatt." Jarrod nodded his head as he stared at his mother.

Victoria had tears in her eyes knowing her son was risking his life when he could be free. Heath had already sacrificed everything for her oldest son. Now the older brother was giving back that gift to his younger brother. It pricked her heart to know that somewhere, sometime, and somehow, Heath and Jarrod had became brothers not only of blood but of heart.

Jarrod added quickly due to Nathan nor Phil bringing it up. "Therefore, Heath Thomson is innocent of the charges."

Only then did Nathan Springer speak up. "Your honor, the witness was not asked about Heath Thomson. I will establish facts in this case with other witnesses."

"Very well. Mr. Archer, are you satisfied with this witness's testimony?" The judge was also baffled why a good defense attorney would throw away a prominent lawyer for a no account gunslinger.

"I have no further questions your honor." Phil walked to stand in front of Jarrod. "As a matter of fact, if it pleases the court, I would like to drop all charges against Heath Thomson and amend the charges to only include murder of Cass Hyatt by Jarrod Barkley. Not to waste any more of the citizen's time nor the court's. Since a confession has been placed before the court, I would like to stop proceedings and negotiate a fair sentence and plea bargain with Mr. Springer's client."

"Objection, your honor." Nathan stood up abruptly.

"Excuse me?" The judge was sure Nathan would at least agree to the hearing of Phil's terms.

"I have not yet established my defense, your honor." Nathan straightened his shoulders as he spoke confidently. "My job is to prove both my client's innocent. Not just Heath Thomsonbut also Jarrod Barkley's. Although I agree with Mr. Archer in the case of Heath Thomson's innocence. I still have more for the court."

"Very well. Mr. Barkley, you are dismissed from the witness stand." The judge frowned but agreed that Nathan Springer had not yet presented his case. He wasn't sure where this was going but Nathan seemed prepared to go on.

"I call my next witness. This witness would simply like to be known as Miss B. to keep her identity confidential. Mr. Archer is more than welcome to interview her in chambers if he finds her testimony not credible. There she will tell her real name. Although, I have the information here for both your honor and Mr. Archer." Nat Springer handed the judge as well as Phil some documents stating that Miss B. was known as Barbara Red, a well known brothel owner.

Miss B. asked to remain incognito due reasons of wanting to establish another life style in the future. Nathan glanced at Phil, who shook his head in agreement. Jarrod kept his face neutral as he knew how to due to being a lawyer. However, seeing Barbara approach the stand had him flabbergasted. She didn't look like the Barbara he knew at all. It was obvious she was in disguise. She wore a platinum blonde wig that was piled high on her head. Her dress was tight around a much larger frame, which Jarrod knew didn't exist in the thin woman. It was obvious to anyone that knew the real Barbara's looks, she had stuffed herself to look more robust. Her makeup was much darker than she ever wore. Barbara even had added a large mole on her face.

"Miss B. Can you please tell the court what you job occupation is?" Nathan approached Barbara slowly allowing Barbara to establish eye contact with the jury. He could tell he was dealing with a highly intelligent woman despite her appearance.

"I am the owner of a brothel in a town called Waynesville." Barbara glanced at Jarrod. Her heart fluttered at how handsome he was. She always knew he was more than what he claimed when he had seen her as Thomas Thomson. She had no idea he was the prominent attorney or a well known Barkley.

"Ms. B. can you state for the jury who Thomas Thomson is?" Nat waited for Phil to object.

As on cue, Phil objected. "I object, your honor. I don't know who this Thomas Thomson is or what he has to do with this trial?" Phil took a deep breath. _What was going on?_

"Your honor, if it pleases the court, I am trying to establish the connection. Thomas Thomson has a great bearing on this case." Nathan flicked his fingers on his vest.

"Very well, I'll allow this line of questioning. But be warned, Mr. Springer, there better be a reason established quickly." The judge nodded for Mr. Springer to continue.

"Ms. B. Can you please answer my question?" Nat held his own breath. He knew what information Heath had provided for him. However, he wondered if the cheap female was really who Heath claimed as a friend of Jarrod's and not a foe. Nat hoped he wasn't being fooled by the gunslinger.

"Mr. Thomas Thomson was my lover." Barbara stated matter of factly. No one but Victoria Barkley noticed Jarrod's face reddened slightly.

"Was? Miss B. you used past tense. Did there come a falling out between the two of you?" Nat questioned.

"Not at all, Mr. Springer. I used past tense because Thomas Thomson is dead." Barbara flicked at her fingernails. Her words were a little strained due to tears threatening to spill. She loved Thomas Thomson. Although, she knew Jarrod was one in the same, she had fallen deeply for the man he had pretended to be. "He was shot in a high stakes poker game."

"Can you tell me what Mr. Thomson told you on June 12 of this year, Miss B?" Nat continued.

"Yes." Barbara licked her dark red lips. "Thomas told me that his brother, Heath Thomson, had made it look like he killed a man but it was he that killed the man instead."

There was a gasp from those in the courtroom. Phil Archer was frantically looking through his notes trying to see if he had any notes on Heath Thomson having a brother. He hadn't taken the time to really do any type of serious background check on Heath Thomson. He wasn't a big fish to fry like Jarrod Barkley was.

"Did Mr. Thomson tell you the name of the man, he claimed to kill and how he killed him?" Nat once again cautiously asked.

"Yes. Thomas told me the man he killed was named Cass Hyatt. That he had choked him and drowned him in a town called Rimfire. He said Heath had shot him after he was already dead." Barbara didn't look at Jarrod. She feared she would show recognition of him.

"Objection, your honor." Mr. Archer jumped up from his seat. "It has already been established that Jarrod Barkley killed Cass Hyatt."

"Your honor, nothing has been established by the defense at this time. I am refuting my client's claim that he killed Mr. Hyatt. That is part of my defense." To Jarrod's surprise. as well as the judge's and Mr. Archer's, Nathan spoke up.

"Objection overruled. Please continue, Mr. Springer." The judge finally realized there was much more to the story. He hoped Jarrod Barkley's confession was proven untrue. He liked and respected the well known attorney.

"Let me make sure I have the facts in order. It is your testimony that Thomas Thomson, your lover, confessed to killing Cass Hyatt. It is also your testimony that Heath Thomson took the blame. Why would Heath be willing to take blame for Thomas Thomson's deed?" Nat continued.

"Well, you can call a dozen witnesses to the fact that Heath and Thomas were closer than any brothers ever seen. They loved each other deeply. Heath is the type to protect those he loves. I do believe that was already stated by one of Heath's many lovers, Miss Allie Kay. The folks in Waynesville saw this. It didn't surprise me when Thomas said his brother took the blame for his actions. Heath seems to not feel worthy of living compared to a lot of folks. He is a gunman and feels he killed enough men along the way that he should take the blame for this death." Barbara spoke confidently.

"Was Thomas Thomson a hired gun as well?" Nathan turned to stare directly at the jury.

"No. Thomas was okay with a gun I suppose. I never really saw him use one. He was a gambler. Heath was his gun to back him up. Thomas gambled and Heath protected him. Those were their roles." Barbara again flicked at her fingernails.

"Thank you, Miss B. Your witness, Mr. Archer." Nathan walked over and sat down. Jarrod started to ask what was going on but Nathan stopped his questions with a gesture from his hand.

"Miss B. What exactly were you and this alleged Mr. Thomson doing where he poured out his heart to you?" Phil stated sarcastically.

"What the do you think, Mister?" Barbara snorted causing those in court to laugh. "I own a brothel. He was my lover. There is no alleged to it. Thomas Thomson was as real as I am."

"Why would Jarrod Barkley confess to a murder this Thomas Thomson committed?" Phil irately asked.

"How am I supposed to know what crazy notion that man has? I have never met Jarrod Barkley. All I know is what Thomas told me." Barbara rolled her eyes as if mocking Phil Archer.

Jarrod couldn't help but admire the way Barbara was making the jury enjoy her personality and her berating of Phil Archer. He wasn't exactly sure what was going on. However, he was slowly getting the picture of why Heath asked for Jarrod not to let it be known he was his brother. Thomas Thomson was the scapegoat here. Jarrod Barkley and Thomas Thomson would be established as two separate identities by the time the defense rested.


	54. Chapter 54

**Chapter 53** **  
** **Trial Part IV** ****

 **A/N If any recall Nathan Springer in the Big Valley Episode,** ** _Fall of a Hero_** **, he did things very differently to save Heath. Jarrod didn't agree with his methods but was conflicted on what route to take when it came to Heath's defense. I'm using that personality trait of Nathan Springer's in this story to show his scruples aren't exactly the same as Jarrod's.**

 _Jarrod couldn't help but admire the way Barbara was making the jury enjoy her personality and her berating of Phil Archer. He wasn't exactly sure what was going on. However, he was slowly getting the picture of why Heath asked for Jarrod not to let it be known he was his brother. Thomas Thomson was the scapegoat here. Jarrod Barkley and Thomas Thomson would be established as two separate identities by the time the defense rested._

If Jarrod Barkley was confused earlier that morning, his confusion was equally matched with anger in the afternoon. After Barbara Red testified, the court adjourned for lunch. Now Jarrod and his family stood inside of his office with Nathan Springer sitting nonchalantly on a overstuffed chair puffing a cigar.

"I can't believe you're trying to pull this stunt. Do you think I'm willing to mock justice by pretending that Thomas Thomson and I are not one in the same!" Jarrod's voice was louder than his normal calm voice. "I have a say in my defense, Nat!'

"Calm down. I know that. You want a temporary insanity defense. Trust me on this, Jarrod." Nat drew in a deep inhale of his cigar. "It is what your brother asked me to do."

"I never!" Both Eugene and Nick protested at once.

Victoria spoke before Nat or Jarrod could. "He means Heath." Victoria fiddled with the draw strings of her purse. "Heath has provided you with a defense. Has he not?"

"He has." Nathan held up his hand to try to halt any more outbursts. Nick humphed but allowed the man to speak. "I never met him. However, months ago I started getting information left at my office in San Francisco. It was after Heath went to Mexico. It is a good defense, Jarrod. The only ones, knowing you and Thomas are one in the same, would never want you to hang."

"That's not the point, Nat. I won't let justice be mocked even for my own neck." Jarrod closed his eyes. "I know I'll get time but I doubt any jury or judge would see me hung for the likes of Cass Hyatt."

"Your life would still be over as you know it. You'd be disbarred as far as I can see. You will be known as a killer." Nat started listing things to make Jarrod understand.

"That doesn't matter. I won't have you turn the courtroom into a circus." Jarrod was now pacing similar to how Nick usually did.

Victoria bit her lip as she pondered what he said. "It isn't just your life, Jarrod. What about your daughter? IF this defense works, she will have her father back. Think of her."

"I am." Jarrod stopped in front of his mother. He wrapped his arms around her. After kissing the crown of her head, he stated. "I want my daughter knowing her father is the type of man to face his actions. Good or bad. I want to be the kind of man who she will be proud of. I want to be the kind of man who teaches his daughter to stand up for your beliefs. I want to be the kind of man like Tom Barkley was."

Nathan Springer could see there was no stopping Jarrod. Therefore, he went on stating his case. "Fair enough, Jarrod. Believe it or not, that brother of yours knows you better than you think. Heath Thomson put in the notes you'd fight me on this defense. Therefore, he made a request."

"What is his request?" Nick sat down on the top of Jarrod's desk. He fiddled with a pen set on the corner of the desk. "Because I agree with Heath on this. If Jarrod gets off for killing that man, then I say go with what you got."

"It isn't up to you, Nick." Jarrod furrowed his eyebrows as he loosened his arms from Victoria. "However, I will listen to what Heath requested."

"He asked that you allow me to continue this defense. After I finish the defense in my way, you can then take the stand and tell the court that you and Thomas Thomson were one in the same. Fair enough?" Nathan hated deceiving Jarrod this way. However, his competitive nature wouldn't allow him to give up the defense he had worked hard on. Even if Heath had given him the idea, Nathan had ran with it.

"I suppose I can agree to that." Jarrod sighed as he picked up his glass of milk. "I guess we all better get to eating this lunch before court is back in session."

"I still don't get why you can't be happy if this makes you a free man, Jarrod." Nick stuffed a large bite of roast beef sandwich in his mouth.

Eugene picked up as his own sandwich as he spoke in Jarrod's defense. "Because, if Jarrod goes through with this, he'd never really be free."

"Exactly, Brother Eugene." Jarrod slowly tucked away his own lunch.

It wasn't long after lunch that the court was called back into session. Nathan glanced up as the courtroom attendees settled. He whispered to Jarrod. "Remember, you can claim to be Thomas Thomson when this is over if you still want to."

Jarrod nodded his head in agreement. He would wait to let Nathan finish his day in court then he'd have his own way.

"I call Doctor Emory Mills to the stand." Nathan watched as the doctor made his way to the front of the court. Jarrod, Nick, and Eugene watched as the doctor from Waynesville made it to the witness stand. "Doctor Mills, can you tell me your full name and what your occupation is?"

"My name is Doctor Emory Sullivan Mills. I am the town physician of Waynesville, California." The gray haired doctor squared back his shoulders as he peered at Jarrod.

He knew the moment he saw Jarrod Barkley that the man was the same man as Thomas Thomson. However, as Heath Thomson and then Nathan Springer reminded him, all men have a past. Some prefer it hidden. The doctor had a past that Heath Thomson had found. Thus, Heath nonchalantly convinced the doctor to tell Sheriff Tate of Thomas's death. Now, Nathan Springer was using the same information for his testimony. Nathan Springer told the doctor to answer questions and not to elaborate. He promised the good doctor that he wouldn't have to lie under oath if he did so.

"I would first like to submit into evidence a letter from Sheriff Tate of Waynesville. Sheriff Tate's letter only verifies that Thomas Thomson is dead and the words of my next witness were told to him. He will be willing to come to town in three days if he Mr. Archer feels his word is to be questioned." Nat pulled out the letter. "Could you please read the contents of this letter for the court, Doctor Mills?"

Actually, Nathan Springer had convinced the good Sheriff Tate that writing a letter would suffice. He was sure his testimony wouldn't be needed. Nathan Springer knew that the sheriff would jeopardize the case by knowing that Jarrod was indeed Thomas Thomson. Therefore, he convinced the sheriff he was needed more in his own town than testifying.

The doctor opened the letter and began to read. "It states.. _I, Sheriff William Tate, of Waynesville, California, do confirm that I saw Thomas Thomson wounded by a gunshot to the chest. I also confirm that I witnessed Heath Thomson burying his brother in the town of Waynesville after his death._ _It is signed Sheriff William Tate_."

"Very good. Now, Doctor Mills, did you tell Sheriff Tate that Thomas Thomson was deceased?" Nathan approached the doctor.

"Yes. According to my records, Thomas Thomson died of complications caused by a gunshot wound to the chest." Doctor Mills was told by Nathan Springer how to word his testimony so not to lie under oath.

"On the night before Thomas Thomson's death, did he speak to you?" Nathan paced a few steps before turning back to face Doctor Mills.

"Yes. He did." The doctor sat up straighter as he glanced at the jury. "He seemed to need to confess something."

"Doctor Mills, can you repeat the confession to the jury?" Nathan paced to stand in front of the jury.

"Thomas Thomson confessed that he killed a man named Cass Hyatt. He said his brother, Heath Thomson, was taking the blame but he was the one that killed him." There was murmurs that began among the spectators in court.

"Your witness, Mr. Archer." Nathan smugly took his seat.

"Doctor Mills, did you see this so called Thomas Thomson kill Cass Hyatt?" Phil Archer placed his hands on the corners of the witness stand.

"Of course not. That happened months before Thomas and Heath Thomson showed up in my town. By the way, Thomas Thomson did exist. You can ask half the town in Waynesville if you're still doubting his existence. I can't say anymore than what Thomas Thomson told me. He said he killed Cass Hyatt." The doctor wiped his hands on his pant legs.

"Isn't it possible that Thomas Thomson was confessing to this killing to protect his brother, Heath Thomson knowing he was a dying man anyway?" Phil didn't have any idea how to get rid of this Thomas Thomson theory. Since Nathan Springer didn't go for a plea bargain allowing Heath's innocence along with Jarrod's confession, Phil figured he would go with his original theory of the murder.

"I suppose it is possible. They were very close brothers." Doctor Mills stated.

"Objection, your honor. Doctor Mills has no way of knowing the thoughts of Thomas Thomson. He can only state facts in the case of the confession." Nathan stated.

"Sustained." The judge agreed as he watched Phil's shoulders slump.

'I have no further questions of this witness." Phil headed back to his seat.

"I recall Nicholas Jonathan Barkley to the witness stand." Nathan surprised Nick and Jarrod with his recalling Nick to the stand.

Afterall, Nick Barkley was a witness for the prosecution. He had already stated he saw Heath Barkley shoot Cass Hyatt. "Mr. Barkley, you have already been sworn in. Therefore, remember you are under oath. Earlier in the hearing, you stated that you saw Heath Thomson shoot Cass Hyatt. Is that not so?"

"I did." Nick twisted the cuff of his shirt sleeve.

"This is very important, Mr. Barkley. Your brother Eugene Barkley has collaborated this testimony. Was there anyway for your brother Eugene to get a good look at Cass Hyatt before you?" Nat looked directly at Nick as he spoke.

"No. I was blocking the boy from seeing clearly. I rode in first." Nick admitted.

"Mr. Barkley, from what you saw, was Cass Hyatt alive or dead when you saw Heath Thomson's bullet enter into his skull?" Nathan knew it sounded gory but he wanted the jury shocked.

"Cass Hyatt was already dead. I saw his eyes were cold and lifeless." Nick swallowed as he spoke.

The courtroom once again burst with murmurs. The judge's gavel landed against the wood of his desk. "Order. Order in the court."

After the shocked murmuring died down, Nathan continued his questioning. "Once again, Mr. Barkley, it is very important that you think about what you saw or didn't see. NOT what you think you saw but what you actually witnessed. Do you remember seeing the man's face that actually was holding the lifeless body of Cass Hyatt before Heath Thomson shot him?"

Nick glanced up. His face went pale as he closed his eyes. He had played the scene out in his head a million times since the day Cass Hyatt was shot. Suddenly, Nick understood what Nathan Springer was getting out. But how could he know the fact even Nick had not realized. Then he remembered Heath saying that he had a memory like a picture being taken. Heath would know exactly what went on that day.

"No, sir. Honestly, I can't say I saw who the man was. I was busy staring in shock at the fact that Heath Thomson had shot a dead man." Nick swallowed a intake of air. "I guess I never saw anything but that until I saw the sheriff of Rimfire leading Heath into the jail. My eyes followed the sheriff and Heath." Nick left out that he had comforted Jarrod after the death. It wasn't asked so he wasn't elaborating.

"Thank you, Mr. Barkley." Nathan walked and sat down behind the defense table.

Jarrod shook his head. Nathan was still playing the court. What good would it do once Jarrod confessed he was Thomas Thomson? The charade would be up then and all would still know Jarrod Barkley killed Cass Hyatt.

Phil Archer tried to get Nick caught up in a lie about what he saw. However, Nick stood by his testimony and never swayed. The next witness called was the sheriff of Rimfire. He admitted he had retired since the killing of Cass Hyatt due to his conscience playing with him. The sheriff admitted that Heath Thomson said he shot Cass Hyatt to save his brother. Phil had not connected the dots of Thomas and Jarrod being the same. Therefore, he also couldn't sway the retired Sheriff Zach Fain's testimony.

The last witness called was the town doctor of Rimfire. To the dismay of Phil Archer, the line of questioning only solidified that Thomas Thomson had to be the man who killed Cass Hyatt.

"Tell me, Doctor Saxton, did you meet Jarrod Barkley when he came to Rimfire?" Nathan Springer questioned.

"Yes. Sir. I treated a graze on his head due to a gunshot wound." Doctor Saxton stated.

"What are symptoms caused by such a wound?" Nat looked at the jury as he spoke.

"Dizziness. Nausea and weakness." Doctor Saxton stated.

"Weakness. So in your professional opinion, would a man with this type of injury be able to drown another man of similar build or stature within a 24 or 48 hour period?" Nathan again was looking at the jury.

"I don't think it probable for a man with such an injury to have the strength to do so." Doctor Saxton admitted.

"Your witness, Mr. Archer." Nathan smugly sat down by Jarrod, who was still convinced this defense was moot.

"Dr. Saxton. You state that it is not probable for a man with the type injury to drown a man. However, is it impossible?" Phil glared at the doctor.

"No. I don't think it would be impossible given some men have been known to go against impossible odds. However, I know I left Jarrod Barkley in the sickbed and ordered him to remain there for a few days. Whether he did or not, I can't say. I had an emergency on one of the farms that took me away for a few days." Doctor Saxton admitted.

"No further questions." Phil wasn't satisfied. He knew had lost the case. The mysterious Thomas Thomson was the one guilty for the murder of Cass Hyatt.

"I'm going up there and telling the truth, Nat. Call me to the stand." Jarrod insisted.

"Jarrod, we have the case let it go." Nathan begged.

"Not this way. Call me to the stand." Jarrod insisted.

"Fine if you insist. Be forewarned though." Nathan whispered.

"Does the defense rest?" The judge asked as he watched Jarrod and Nathan whispering.

"No, your honor, I recall Jarrod Barkley to the stand." Nathan rubbed the back of his neck nervously.

Jarrod took the stand. Nathan asked Jarrod if he would like to add to the defense. Jarrod swallowed then looked at his family. They were all there counting on him. He was 'Pappy'. He was a Barkley. He was Tom and Victoria Barkley's son.

"Yes. I would l like the record to show that I, Jarrod Barkley, am Thomas Thomson."


	55. Chapter 55

**Chapter 54** **  
** **Trial (Closing)** ****

 **A/N Using idea from episode "A Man from Nowhere" on the idea of mental manipulation. As I stated, Nathan Springer plays dirty when it comes to winning a case.**

 _Jarrod took the stand. Nathan asked Jarrod if he would like to add to the defense. Jarrod swallowed then looked at his family. They were all there counting on him. He was 'Pappy'. He was a Barkley. He was Tom and Victoria Barkley's son._ __

 _"Yes. I would l like the record to show that I, Jarrod Barkley, am Thomas Thomson."_

Nathan Springer hated his next steps but Jarrod gave him no choice. Heath had given him the case on a silver platter. Heath had asked Nathan to tell Jarrod if he claimed to kill Cass Hyatt after all, then tell Jarrod that Heath would be back claiming he killed him and Jarrod was trying to protect him. Nathan had decided against that. He wanted both brothers cleared. This option was one Heath was relunctant to use but it was a novel idea. Unbeknownst to Heath or Jarrod, Nathan had even called in a specialist. In the end, Jarrod Barkley would no longer be his friend. However, Nathan Springer thought losing a friend was worth the victory.

After the courthouse echoed from the pandemonium caused by Jarrod's words, Nathan smirked slightly. It was hilarious how Nick was one of the ones to jump up first and scream out his unapproving of the statement by Jarrod. Nick's angry utterance only added to the rest of the murmurs, shouts, and noise that erupted in the courthouse when Jarrod made his claim.

Once the judge settled down the courthouse bystanders, Nathan resumed his questioning. "To make it very clear, you are claiming to be the deceased Thomas Thomson. Are you not?" Nathan approached Jarrod skillfully.

"I'm not insane, Mr. Springer. I can see how that may seem to be the case. However, I am fully capable and have all my facilities in tact. I am claiming that I am Thomas Thomson." Jarrod spoke eloquently as he addressed Nathan.

"I see. Perhaps, we can clear this up for the court. Let's start from the very beginning. Shall we?" Nathan paced to the defense table. He picked up a few papers and scanned them. "Cass Hyatt shot and killed your wife, Elizabeth Ann Barkley. Is this statement true?"

"Yes. It is true." Jarrod swallowed due to the thirst that suddenly built in his throat.

"Your wife was carrying your first child. Was she not?" Nathan glanced up to peer at Jarrod.

"Yes. She was." Jarrod could feel his throat aching from threatening tears. The memory of that day was still very strong.

"Were you and your wife excited about the upcoming birth of your child?" Nathan stood directly in front of the jury.

"Of course, we were. Beth had already planned the nursery and had began picking out names." Jarrod stated with a broken voice.

"I hate to be cruel, Mr. Barkley. As I can see how badly this hurts you. However, can you please tell the court what exactly happened at the Barkley home once you took your wife there after being shot by Cass Hyatt." Nathan sighed slowly as he stared at the jury.

"Dr. Merar had to operate on my Beth. Our daughter was going to die as well but Dr. Merar delivered my Tori Beth by operation." Jarrod felt a tear roll down his cheek.

"When your new daughter was laid in your arms, what were your thoughts? Or moreso, what happened at that very moment?" Nathan again glanced at the jury.

"The rage over her mother's death ebbed. I knew I had to control the hate I was feeling for Cass Hyatt to be able to be a good father for my daughter." Jarrod again felt his throat tighten.

Nathan walked over to the defense table and poured a glass of water. Nathan didn't give the water to Jarrod right away. Instead he stood by the defense table and asked another question. "A few days later, what happened that brought the rage back full force?"

Jarrod head snapped up as he stared at Nathan. He stuttered out barely controlling the emotion. "I mistakenly thought my daughter had died."

"Yes. You misunderstand the murmurs of Dr. Merar of your precious Tori Beth and thought your whole world had been taken from you by Cass Hyatt. Isn't that true?"

"Yes." Jarrod's voice creaked as he tried to not let the memory haunt him.

Nathan handed Jarrod the water to drink. He watched Jarrod drink thirstily before continuing. "It was at that moment that you went in search of Heath Thomson. Is this a fact to be put into evidence?"

"Yes." Jarrod's parched throat seemed to be be eased as the water allowed.

"Did you search out Heath Thomson so he would kill Cass Hyatt for you?" Nathan glanced over at Phil Archer, who sat up straighter in his chair.

"No. I wanted Mr. Thomson to show me how to kill Cass Hyatt. I wanted him dead by my own hands." Jarrod straightened up as he spoke in a more monotone voice.

"Yes. You wanted revenge for the killing of your wife and daughter. You had no idea that Tori Beth, your infant daughter, was alive at the time. Is this true?"

"Yes. It is true." Jarrod was relieved that Nathan wasn't trying to stop the truth from happening.

"Were you enraged at this point?" Nathan asked as he picked up more papers.

"Very." Jarrod sighed.

"Dr. Saxton stated that you were shot in the head. According to the dates on his medical report, you had to be shot soon after trailing Cass Hyatt. Do you recall these events?"

"No. I recall waking up beside the road heading to Rimfire. I had an explosive headache but I managed to get up on my horse. I don't recall anything again until waking up in the doctor's house with Sheriff Fain and Doctor Saxton standing over me." Jarrod admitted cautiously.

"Did the sheriff and doctor explain at that time that they had found you barely holding on to your saddle when you road into town?"

"Yes. They did."

"What is the nickname your family calls you, Mr. Barkley?" Nathan walked up to place each hand on the witness box beside of Jarrod's sides.

"Pappy." Jarrod furrowed his eyebrows in confusion. He couldn't understand why Nathan would ask this question.

"Why are you called this, Mr. Barkley?"

"Eugene called me that after father was killed. He said it meant I was now their Pappy." Jarrod licked his lips.

"You do feel that the family is your responsibility to protect. As the oldest Barkley heir, you feel that you have a great responsibility to protect your family. Is this true?"

"Yes." Jarrod swallowed again feeling the dryness of his throat coming once more.

"You felt it was your responsibility to be able to protect your wife and child as well. You thought you let them down. You felt responsible and you wanted to kill because of it." Nathan's voice was louder more demanding. "You were so angry and enraged because you not only lost those you loved but you failed them as well."

"Yes! I failed them! Is that what you want me to say. I failed them." Jarrod kept more composure than Nathan had hoped he would. However, the small infraction in Jarrod's voice gave away his burden of emotions.

"Moving on. Heath Thomson was responsible for keeping you alive for a period of time. Was he not?"

"Yes." Jarrod calmed at this questioning.

"How did this make you feel? How did the fact that a young gunslinger made the heir to the Barkley empire his dependent?" Nathan stated in a somewhat berating tone.

"It wasn't like that." Jarrod closed his eyes. He had promised Heath that the bloodline wouldn't be revealed. "I counted on him."

"You counted on your kidnapper to keep you alive yet you felt helpless to survive without him even though your burden of responsibility was once strong. You felt useless at the time with Heath Thomson. Didn't you?" Again, Natha's voice grew louder more demanding.

"Yes." Jarrod admitted a little over a whisper. "Heath knew how to survive where I did not."

"Mr. Barkley, you claim to be Thomas Thomson. Who told you to first claim this?" Nathan's voice lowered. He sounded concerned and not demanding in this question.

"Heath Thomson." Jarrod admitted.

"Is it true that Heath Thomson took you to the mountains where you were helpless to survive without him? Isn't it true that he only gave you enough nourishment to survive the harshness of the mountains?" Nathan's voice broached on pity for Jarrod.

"Heath kept me alive. It is true." Jarrod furrowed his eyebrows unsure what Nathan was getting at. He didn't like the tone of pity that Nathan was using with him. It felt condescending in manner.

"Did Heath Thomson shoot a dead man in front of you? Did Heath Thomson put a rifle to the back of a dead man and blow his face off in front of you, Mr. Barkley? " Nathan asked as he picked up his notes.

"Yes. That was the escaped prisoner who Heath killed in self defense." Jarrod answered even more confused with Nathan's line of questioning.

"Did blowing off this man's face seem to bother Heath Thomson? Or did it seem as he was okay with doing so in a means to get what he needed?" Nathan looked up from his notes as he peered at Jarrod.

"Heath Thomson never flinched. He did what he had to survive." Jarrod wished that Nathan would offer him more water. He wouldn't ask for it. He didn't want to appear weak.

"Do you recall killing Cass Hyatt?" Nathan's off the topic question caught Jarrod off guard.

"No. I…" Jarrod exhaled deeply. "I don't recall killing him but I know I did."

"Is it true that the only reason you found out that Heath Thomson didn't kill Cass Hyatt is because you overheard a conversation between Heath and his brother?" Nathan turned quickly to stare at Jarrod after pacing away from him. Before Jarrod could answer, Nathan continued."Isn't it true that in a state of physically weakness due to half starvation and blood loss, you overheard those around you speaking about Heath Thomson claiming guilt for the murder of Cass Hyatt by shooting a deadman? Isn't it also true that it was Heath's brother speaking about it?"

The barrage of questions were thrown at Jarrod rapidly. Jarrod knew he couldn't say it was Nick doing the talking. That would betray his promise to Heath. However, Nathan was correct. It was Heath's brother saying those things.

"Yes. It is true. But…"

"Isn't it true, Mr. Barkley, that you have no real proof you killed Cass Hyatt? Isn't it true, Mr. Barkley, that you wanted to be the one who did kill him? Isn't it true, that you have no memory of that day after you were shot in the head until much later when you were back in bed in the doctor's office being nursed by both your brothers, Nicholas and Eugene Barkley? Isn't it true that you wanted so badly to revenge your wife and daughter that you conjured up the possibility you killed Cass Hyatt when you heard Heath Thomson's brother speaking?"

Jarrod narrowed his eyes at Nathan. "I'm not insane. I know that I killed Cass Hyatt."

"Do you know that, Mr. Barkley? Or are you merely trying to put puzzle pieces together that fit how you want them to fit due to the lack of memory? Can you say without a shadow of a doubt that you killed Cass Hyatt, Mr. Barkley?"

Jarrod's head dropped as he spoke in a low voice. He felt defeated by his own lawyer and his absentee brother. "No. I can not."

"Your witness, Mr. Archer." Nathan walked over and sat at his seat.

Phil stood up. He didn't want to give anymore attention to Thomas Thomson than he had to. He took a deep breath as he spoke. Phil had no choice to bring him up.

"You claim that you are Thomas Thomson. Why do you claim this?"

"Heath Thomson killed the prisoner. He dressed him to look like me then told me I was to go by Thomas Thomson from that day forward." Jarrod stated.

"Is it true that your mother paid Heath Thomson to protect your family?" Phil walked up with a piece of paper in his hands. "Heath Thomson protected Nicholas Barkley by gunfight with Vern Hickson. Heath Thomson taunted Evan Miles into a gunfight due to him assaulting Audra Barkley. Is it not possible that Heath Thomson was paid to protect you as well? Therefore, you asked him to kill Cass Hyatt for you?"

"Heath Thomson was a hired gunman by my mother to protect our family. Yes. However, I never asked Heath to kill Cass Hyatt." Jarrod answered. "That has been established."

Phil raised his eyebrows as he spoke to the court. "I have no further questions of this witness."

Jarrod stepped from the witness stand and walked back to sit at the defense table. Nathan called his last witness. "I call Dr. Amar Marstellar to the stand."

Nathan knew this was the breaking of his friendship with Jarrod but the winning in the case. "Doctor Marstellar, what is your current research in the field of medicine?" Nathan asked with a piqued interest.

"Currently I am with a group trying to study the effects of brain injuries on various patients." Dr. Marstellar explained.

"You have been listening to this case throughout the trial. Have you not?" Nathan walked over and stood beside the jury box.

"I have."

"Is Jarrod Barkley mentally insane?"

"I don't feel he is. However, I do feel that during Mr. Barkley's recovery, he took in information. Dr. Saxton stated the nature of his head injury already. I feel after evaluating all information obtained throughout this trial, that Mr. Jarrod Barkley's brain took in information while he was in peril physically. His need to protect his family overwhelmed him. Thus, his weakened state caused him to misconstrue information being fed to him."

"Can you explain what you mean by being fed information?" Nathan still stood by the jury.

"From what I've learned of Heath Thomson, he'd do anything to protect his brother. Even going as far as claiming guilt for a murder he didn't commit. Heath Thomson was born an illigitmate child and was ostracized. His mother was brutally raped and murdered. The two woman that helped raise him died due to illness. All this happened before Cass Hyatt was killed. Although I admit not knowing the motive to Thomas Thomson killing of Mr. Hyatt, I do see the need for Heath Thomson not to lose the only person in his life left. Therefore, he risked his life by claiming the guilt. However, Heath Thomson seems to be of high intelligence. His life is about survival. Therefore, when opportunity presented itself. Heath Thomson kidnapped Jarrod Barkley. He took him to the mountains where Jarrod would depend only on him. Then he practically allowed the man to starve while already in a weakened state. During this time, I feel Heath Thomson and Thomas Thomson spoke around Jarrod Barkley while he was in a state of unconsciousness. Jarrod's mind recalled the shooting of a deadman by Heath Thomson in front of him. In his weakened state and his need to revenge his wife and daughter, Jarrod Barkley's mind confused the two incidents."

"Is it common for an injury such as a bullet graze to the head able to causee a person to be put in a state of confusion even to the point they are convinced they are someone else?"

"Yes. Mr. Springer, it is. There is a case I was working on that happened not far from here. Mrs. Matthews, a widow, was a squatter trying to keep her land. Her son shot a man accidentally in near the same type injury sustained by Mr. Barkley. She convinced the man to stay and help her keep her land. He had no memory at was convinced he was part of her family. Therefore, it would be easy to be in a state of confusion with all the trauma Jarrod Barkley's emotion and physical being had endured while being a victim of Heath Thomson."

"Your witness, Mr. Archer."

Phil Archer stood up and walked slowly towards the witness. "Are you stating that Jarrod Barkley is insane, Doctor Marstellar?"

"I believe I stated opposite of that fact. Jarrod Barkley is as sane as you or I, Mr. Springer. However, I can think of the scenario where he was left in the mountains to die by Mr. Thomson. In his state of physical weakness with his recent head injury, he developed delirium. The Thomson brothers either unaware or by cunning planted information in Mr. Barkley's mind of the killing of Cass Hyatt. Those facts accumulating with the shock of seeing the brutality of Heath Thomson maliciously shooting a dead man caused a scenario to play in Jarrod Barkley's mind due to him losing a day of memory. When Heath Thomson ordered Jarrod Barkley to take up the name in the mountains, Jarrod felt an obligation to due as Heath Thomson ordered. When Heath Thomson came in contact with his real brother, Jarrod Barkley was of no further use as a decoy to save the real Thomas Thomson. Therefore, Heath Thomson left Jarrod Barkley in a state of peril. Thus, why Jarrod Barkley showed up with Miss Ally Kay at the Barkley ranch. She had help him survive the best she could and got him home. Once the trauma of all this is over, Jarrod Barkley's confusion will clear up and he will realize it was delirium toying with him. He will be as good as always. The confusion will clear up for him."

"Are you saying it is impossible for Jarrod Barkley not to have killed Cass Hyatt or not to have hired Heath Thomson to do so?"

"I'm saying it is highly improbable given his injury. I am reiterating the facts that Dr. Saxton has already stated." Dr. Marstellar stated confidentally .

The closing arguments went much like originally planned by Phil Archer. He argued that Jarrod Barkley had hired Heath Thomson to kill Cass Hyatt. He argued that Victoria Barkley had kept Heath Thomson on as a hired gunman to the family and Heath was continuing the job by killing Cass Hyatt at Jarrod Barkley's request. Even Phil Archer knew his case sounded ridiculous after Nathan Springer had presented the defense.

Nathan Springer argued that the deceased Thomas Thomson was the true killer of Cass Hyatt. He claimed Heath's innocence by a number of witnesses seeing Cass Hyatt dead before Heath's bullet entered him. He explained that Jarrod Barkley's concussion, starvation, and loss of blood countered with his need to protect his family had the man confused and disoriented. He also made sure the jury knew that Jarrod was not insane but needed time to recuperate from the terrible ordeal of being kidnapped by Heath Thomson and his loss of his wife.

The jury came back with verdicts of innocent for both Heath Thomson and Jarrod Barkley. Jarrod was irate that he was made to look insane even momentarily. He knew there was no use in arguing with the courts. He couldn't remembering killing Cass Hyatt. That in itself was reasonable doubt. Jarrod didn't know if he could live without guilt after the outcome of the trial. He headed back to the Barkley ranch with a heaviness on him.

However, when Jarrod was handed Tori Beth by Audra, he took in the scent of his daughter before silently thanking a brother lost. A brother, who he had helped make into a child of none.

 **A/N The epilogue is all I have left to offer of this story. Hopefully, I will get to it by next week.**


	56. Chapter 56

**Chapter 55  
Epilogue**

 **A/N Thank all who have endured the long wait for updates. I never realized this fic would take this long. I had planned the ending from the beginning so I was surprised at life events not allowing me to update as often as I intended. Here is the end of this journey with our beloved blonde cowboy and his older brother.**

 _The jury came back with verdicts of innocent for both Heath Thomson and Jarrod Barkley._

 _Jarrod was irate that he was made to look insane even momentarily. He knew there was no use in arguing with the courts. He couldn't remembering killing Cass Hyatt. That in itself was reasonable doubt. Jarrod didn't know if he could live without guilt after the outcome of the trial. He headed back to the Barkley ranch with a heaviness on him._

 _However, when Jarrod was handed Tori Beth by Audra, he took in the scent of his daughter before silently thanking a brother lost. A brother, who he had helped make into a child of none._

 ** _Fifteen years after the trial of Jarrod Barkley and Heath Thomson._**

"But father, he is a nice young man. Why can't I go to the dance with Theodore Runyon?" Tori Beth pouted as she flung her long blonde hair over her shoulder.

Sitting at his desk, Jarrod glanced up from his papers to stare at his lovely daughter. She reminded him so much of Beth at times. Other times, as of this moment, she looked like a younger twin to his sister Audra.

"Your father never said you couldn't go to the dance, Tori. He said you were to be chaperoned." Barbara smiled at her lovely stepdaughter.

The sixteen year old and her father was Barbara's world. The red headed beauty remembered the day she had moved to Stockton. She had opened a small cafe after leaving her former life as Barbary Red behind. She had given her brothel to Lupe to run. She never looked back. She used some money to open her small cafe. It was called Reddings Cafe. She had used her real name of Reddings.

Jarrod Barkley was her first customer. He had sauntered in with his little girl riding on his shoulder. He introduced himself as Jarrod Barkley while she introduced herself as Barbara Redding. There was the same sparkle in his eyes that Barbara remembered when she had met and fallen in love with Thomas Thomson. Now she was even more in love with Jarrod Barkley, the prominent Stockton attorney and father of her beloved stepdaughter. That was thirteen and one half years ago. Jarrod and Barbara married almost one year to the date that he had walked into her cafe.

Tori Beth fidgeted with the petals of some flowers placed in a vase by the door leading into her father's home office. She sighed in an exasperated tone before giving her father a familiar half smile. She walked up and placed her arms around her father's neck. She leaned to place a kiss on Jarrod's cheek.

"What if Thomas goes along with me, Pa?" Jarrod knew the girl wanted something when she called him 'Pa'.

It was the name Thomas used for his father as well. The girl had him wrapped around his finger. However, Thomas held his heart in ways that couldn't be explained. Surprisingly, Thomas looked more like Jarrod's younger twin.

"Thomas? Hmmm. And how do you think you can persuade him to go? Thomas doesn't like dances. Besides, he's only fifteen. How is that a proper chaperone?" Jarrod teased knowing he trusted Tori Beth with the fifteen year old boy.

The boy could handle a gun better than most men much like Jarrod's brother, Heath. Thomas could also fight any man much like Jarrod's brother, Nick. However, Thomas was not quick to act and would try to find ways to get around a fight if need be more like Jarrod's brother, Eugene. Jarrod figured Thomas was more like the Thomas Jonathan Barkley who married Victoria Barkley all but in looks. He looked just like Jarrod did in his youth.

"I can get Thomas to do as I want." Tori Beth once again put on her crooked smile. That smile was so much like Heath's it was uncanny. Thomas also sported that crooked smile.

Jarrod nodded his head. "If you can talk Thomas into going with you, you may meet Theodore at the dance. However, you will not be allowed to go from the dance with him. Do you understand, young lady."

"Oh yes, father. Besides, Thomas wouldn't let me alone anyway if he goes." Tori Beth shrugged nonchalantly.

At least she knew Thomas would watch from afar. The fifteen year old didn't say much. Although the boy didn't like dances, girls did like the boy. That should keep him busy enough to be out of her hair for the night. Tori Beth made haste to go up the golden staircase that led to her grandmother, Victoria's room. Her grandmother had promised her they could look through some Godey's magazines to order a dress for Tori Beth's first official dance with a boy.

Jarrod had built Barbara a house between the old Barkley ranch house and the old Evan's place. His mother had moved in with him a few years ago. Nick and Melanie Barkley resided in the large Barkley mansion with their three children. Melanie was expecting her fourth child. If Nick had his way, they'd have a dozen children. Nick loved being a father. It had taken five years in their marriage before Melanie had the twins.

Tori Beth was looked up to by her cousins, Sally and Sarah. They were Nick's and Melanie's twin girls. The twins were ten years of age. Nick's five year old daughter, Melissa wasn't quite yet interested in girly things. Nick seemed to trying to make her into the son he hadn't yet had. If he ever would have a son. However, having his girls made Nick more than happy. A son would be an added blessing but not a necessary one. Besides, Nick's brother had enough boys to take care of the Barkley cattle ranch and Barkley horse ranch. The combined ranches were known as B and B Ranch.

After Jarrod was found innocent in the trial of murdering Cass Hyatt, he closed his office in San Francisco. To his surprise, his office in Stockton was overran with new clients. Besides, he knew importance of family after that. He chose to move to Stockton permanently. Nick had married Melanie a few months after the trial. They were proud of their three girls. Audra married Will Marvin five years ago. They had the first and only grandson, Will Jr., of Victoria Barkley's. He was four years old. They lived on the Marvin ranch with Will's father, Henry.

Jarrod remembered the day he decided the perfect place to raise Tori Beth. It was the day his uncle James Barkley moved into the Evan's ranch a year after James Barkley had purchased it.

 _Once again, Jarrod road to the edge of the bluff overlooking the small canyon below. It was here he felt closest to his brother, Heath Thomson. Jarrod took his horse there each morning to watch the sunrise. Jarrod was sure Heath had never been there before. Yet, it was a place on the Barkley ranch that he knew Heath would've loved had they allowed him to be their brother the day he came to them. That moment in time Jarrod would forever regret. Now the blonde gunslinger had left a hole in Jarrod's heart forever._

 _Jarrod cherished every memory he had shared with his blonde brother. The love was as strong for this younger brother as it was for his other two younger brothers. Perhaps, it may be stronger as Heath had came into Jarrod's life unexpectedly and dramatically._ _It had been almost a year since the trial had ended._

 _Although Jarrod didn't care for Nathan's way of conducting a trial, Jarrod accepted that was how things had to be. He had his family now and was engaged to the beautiful Barbara Redding, the once brothel owner turned cafe owner._ _He was free and so was Heath._

 _Jarrod's thoughts were interrupted by the boisterous voice of Nick. "There you are."_

 _"Where else would I be, Brother Nick. I come here every morning to watch the sunrise. The question is what are you doing up this early?" Jarrod pulled away from the edge of the bluff to head back down towards Nick._

 _"Uncle Jim and Aunt Ellen made it in. They asked us to come for breakfast. Mother, Audra, and Eugene are waiting on you so we can head that way. Little Tori Beth is raising up a fuss to see her Pappy." Nick pulled on his horse's reins to head back towards the ranch. "Uncle Jim is excited to have his family near. He wants to enjoy us all at least this once for breakfast at his house."_

 _"Fair enough." Jarrod pulled his horse up beside of Coco, Nick's horse. "Let's get something to eat. Shall we?"_

 _It wasn't long until the family had gathered around the kitchen table at James and Ellen Barkley's new home._

 _Jim was smiling like a kid at Christmas. "Well, finally. You're all here." James took Ellen's hand. "Why don't you go get the surprise, my love?"_

 _"Of course." Ellen beamed._

 _"A surprise!" Audra excitedly exclaimed. "Having you both here is surprise enough."_

 _"Your move was a pleasant one. Ellen told me." Victoria touched Jim's arm. "I heard you sold all the horses you needed to get here with quiet a profit."_

 _"The mares and studs you brought with you are mighty good looking too." Nick patted Jim's back. "I wouldn't mind investing in some of your horses once you get your line started."_

 _"Well, I can't claim credit. It was my son who sold them all as well as picked our breeding stock." Jim proudly stated._

 _"Son?" Victoria frowned as she looked at her family, who also were confused._

 _"Yes. Our son. He came to us almost a year ago." Ellen walked in interrupting the family before they could question Jim's sanity._

 _"I'd like you all to meet my son, Jonathan Barkley." Jim smiled. " He's named after my brother, Thomas Jonathan Barkley."_

 _"However, family can call me, Heath." Heath stepped into the room followed by Allie Kay. "This is my wife, Allison Barkley."_

 _Jarrod stepped forward quickly addressing his younger brother. "Welcome home, Brother Heath."_

 _"Legally, he's your cousin, Jarrod. Ellen and I adopted Heath and gave him our name. Of course, in private I suppose he don't mind being your brother and all." There was obvious pride in Jim's voice as he placed his arm around Heath's shoulders. "He's my son."_

 _"Of course I am, Pa." Heath looked up at Jarrod, who had tears in his eyes. He grabbed Jarrod and pulled him into a tight embrace. Then he turned Jarrod towards Allie Kay. "I want you to meet someone, Jarrod."_

 _Allie Kay unwrapped her and Heath's baby. Under the blanket lay a dark haired infant boy. Allie Kay spoke up. "I said he took black hair and blue eyes after his mama. But Heath said he looks like…." Allie Kay glanced at Heath to let him finish._

 _"He looks like you, Jarrod. Meet Thomas Barkley." Heath proudly announced._

 _"You named him after our father? Jarrod took the bundle from Allie's arms. His thumb traced the baby's soft cheek._

 _"No. My father's name is James. I named him after my brother, Thomas. His full name is Thomas Jarrod Barkley." Heath's face broke out in a half smile._

From that day forward, Jarrod frequented the ranch to visit Heath. It was decided that he would build a house between the two ranches as he spent so much time between the two. Throughout the years, Heath and Jarrod would meet on the bluff to watch the sunrise together. No one else interrupted their time alone there. It was also on the very spot that Heath had confessed to his older brother that he had killed Rance Kendall. Heath had noticed the rifle which Cass Hyatt carried. His photographic memory allowed him to remember seeing it at Rance's house when he tried to hire Heath to kill Nick. He went to face Rance with this knowledge and had killed him. Heath had set it up to look like a suicide. Jarrod never questioned if Heath had done so in self defense or cold blood. Jarrod didn't feel he had any right to judge Heath's actions either way.

It didn't take long for Heath to adhere to all his siblings. Jarrod had even noticed when Heath addressed Aunt Ellen as Ma, Victoria had a sad look shadow her face. Victoria realized that it could've been her that had Heath's love and devotion had she only accepted him into their fold. As it stood, Victoria was not the mother figure she could have been to Heath. Instead, she was Aunt Victoria.

It didn't take but a few months of working both ranches when Nick and Heath had asked both families to put the ranches together forming the huge B and B Ranch, which stood for Barkley and Barkley. Heath ran the horse part of the ranch while Nick was in charge of the cattle. However, both brothers worked together to make the B and B Ranch flourish. Jarrod kept up his part by being their legal expertise. Eugene could finally study medicine as he wished. He soon took over for Doctor Merar. That pleased Dr. Merar due to the fact that Eugene had married his only niece and they dwelled in Dr. Merar's house with him and his wife, Helen. As of yet, the couple had not had any children.

Due to abuse suffered at the hands of a man in Barbara's youth, Barbara could not give Jarrod anymore children. Tori Beth was spoiled by them both. However, Thomas Barkley was at his uncle's house almost as much as he was at his own. Heath often teased Jarrod that he marked the boy by naming him after him. The boy had already shown more interest in book learning than ranching. That was fine with Heath as he was proud of Jarrod as he would be his own son if he took up his uncle's lot in life. Besides, Heath had six sons. The other five seemed to love ranching like their father and uncle Nick. It was ironic that the only heirs to carry the Barkley name was the sons born to the illegitimate son of Tom Barkley. Yet were the legal grandsons of Jim Barkley.

"Father, here they come." Tori Beth came scurrying down the stairs.

Victoria rolled her eyes at her granddaughter as she walked down behind her. That girl could be a little lady one minute and a rambunctious girl the next. "Tori Beth, must you yell?"

"Sorry, Grandmother." Tori glanced back over her shoulder as she smiled crookedly at her grandmother.

Barbara linked her arm in her mother in law's. "She hasn't seen Thomas in two weeks. Heath was supposed to pick him up this morning from the train depot. She's been waiting all day to see him. You know how close those two are."

"You don't fool me, Barbara. You've missed him too." Victoria teasingly added.

"I can't help it. He's like our own son." Barbara whispered as she and Victoria made it out the front door.

Fifteen year old Thomas was driving the buggy with his mother, Allie Kay, in the front beside of him. Heath and his thirteen year old son, James or Jimmy as he was known, and twelve year old Matthew were riding along side of the surrey. Matthew's name was chosen by Allie Kay. She suggested that there were two men in Heath's life that brought about so much bad in the name. There needed to be a person Heath loved to give the name back it's good. It worked, as Matthew was one of the most loving children anyone could meet.

The eight year old twins, Lee and Lance, were practically hanging out of the surrey in the back. The two boys acted more like Nick Barkley than any two people could. Allie Kay was telling them to settle down as they pulled in front of Jarrod's ranch house. Wedged between the two twins was the four year old, Nicholas. He was called Nikki. Unfortunately for Allie Kay, this boy seemed to take after his uncle Nick in actions as well. The last of the Heath's brood of six boys was two year old, Heath Jr. He was wedged between his oldest brother Thomas and his mother. Heath Jr. was the shiest of all of Heath's children. He barely spoke a word unless he had too. On Allie Kay's lap was a sleeping blonde haired cherub of a girl named, Leah, of course. Leah was six months old. All of Heath's children took the blonde hair from the Barkley side with the exception of Thomas. Both Allie Kay and Heath had blue eyes so each one of their children had the same color only some were dark blue like Allie's and some had the light blue of Heath's.

Thomas helped his mother down after handing his little sister to his Aunt Barbara, who cooed and oohed over the baby girl. Victoria laughed as Allie Kay scolded the twins again before both boys darted off towards the barn to check on the new foal, Jarrod's horse had birthed.

"Is Leah your last, Allie Kay?" Victoria teased as she picked up Heath Jr. placing him on her hip.

"Definitely." Allie Kay stated as she followed Barbara and Victoria inside the house. Nikki followed along although her preferred to go with his twin brothers.

"She said that when Nikki was born too." Heath winked at Jarrod.

Jarrod laughed as he settled down in an old chair on the porch. Heath sat in the chair adjacent Jarrod as Thomas, James, and Matthew settled on top of the porch railing.

"Thanks for putting a good word in for me at the school, Pappy." Thomas sighed contently. "They said I could start next fall."

"It was my pleasure, Thomas." Jarrod glanced up at his nephew. "You'll make a fine lawyer some day. Of that, I'm sure."

Before conversations could go any further, Tori Beth came out carrying a small piece of paper. "Father, I found this among the jewelry of Mother Beth's. I wanted to wear a necklace of hers to my first dance. Who do these names stand for? It doesn't look like your writing."

Jarrod looked up proudly at his daughter. He and Barbara both made sure to speak to Tori Beth about her real mother as often as it would allow. He was sure his wife had suggested Tori look through the stored jewerly of Beth's.

"What names would that be, Tori Beth?" Jarrod took the paper. He chuckled as he shook his head. "These are some notes that Nathan Springer shared with me after the trial, Brother Heath. The notes you sent to him. I kept this one note with me." Jarrod chuckled again. "Let's see. Fancy Talker would be me. Loudmouth would be…"

"Uncle Nick." The three boys chorused causing a laugh from all on the porch.

Jarrod shook his head yes as he continued. "Regal Lady is your Grandmother Victoria. Angelic Treasure is your Aunt Audra and confused one is your Uncle Eugene."

"But who is the child of none?" Tori asked as Jarrod handed her back the note.

"He is no one." Heath said as he smiled crookedly at Jarrod. "He no longer exists."


End file.
